Top HS football recruit sues State Board of Education over NIL ban

Five-star quarterback Faizon Brandon, the top-ranked prospect in the Class of 2026, is suing the North Carolina State Board of Education and North Carolina Department of Public Instruction for its ban on endorsement deals for student-athletes in public high schools. 

The lawsuit filed by Rolanda Brandon on behalf of her son Faizon who attends Grimsley Senior High School in Greensboro claims the state board exceeded its authority when it “banned every public high school athlete from using his or her name, image, and likeness (“NIL”) for commercial purposes.” 

In the 2023 long session of the North Carolina General Assembly, S.B. 452 became law after Governor Roy Cooper neither signed nor vetoed the bill. 

S.B. 452 includes a section titled “Rules for high school interscholastic athletic activities” which tasked the state board to come up with rules regarding NIL for high school athletes across the state. 

At a state board meeting on June 6th, 2024, new rules for interscholastic athletics were adopted, prohibiting student athletes from engaging in the following NIL activities: 

• Public appearances or commercials 

• Autograph signings 

• Athletic camps and clinics 

• Sale of non-fungible tokens (NFTs) 

• Product or service endorsements 

• Promotional activities, including in-person events and social media advertisements 

The complaint filed in Wake County Superior Court argues that S.B. 452 “does not, however, permit the State Board of Education to make any rule it wishes, and certainly not to altogether prohibit NIL activities for public high school athletes.” Consequently, the suit asks the court to throw out the state board’s policy on NIL. 

Allison Schafer, the state board’s general counsel, stated in a letter included in the complaint that the rule is temporary for the 2024-25 school year. She also noted that the board has started the process of establishing a permanent rule for the 2025-2026 school year. 

Faizon was set to receive significant financial compensation from a “prominent national trading card company” that according to the suit would have provided the Brandon family with “financial security for years to come.” 

According to 247sports.com Faizon has officially committed to joining the University of Tennessee’s football program for the 2026 season. 

The post Top HS football recruit sues State Board of Education over NIL ban first appeared on Carolina Journal.