High school football: North Carolina judge rules public school athletes can benefit from NIL

By Aaron Williams Oct 1, 2024, 2:00pm

Change made after suit brought on state Board of Education by family of five-star quarterback Faizon Brandon.

A judge in North Carolina ruled Tuesday that public school athletes in the state could profit from name, image and likeness.

Wake County Superior Court Judge Graham Shirley's decision reversed state Board of Education policy, according to a story on HighSchoolOT.com.

The ruling was brought about by a lawsuit from the family of Faizon Brandon of Grimsley (Greensboro, N.C.). The five-star quarterback is the top-rated player in the Class of 2026 and a Tennessee commit.

Private school athletes in the state had been allowed to benefit from NIL opportunities and the North Carolina High School Athletic Association (NCHSAA) had proposed in May 2023 a change to allow public school athletes to do the same.
The family of Grimsley five-star quarterback Faizon Brandon sued the North Carolina Board of Education to reverse its name, image and likeness prohibition. On Tuesday, a judge overturned that ban that will pave the way for public school athletes to benefit from NIL opportunities. (Photo: Spencer Owens)
The family of Grimsley five-star quarterback Faizon Brandon sued the North Carolina Board of Education to reverse its name, image and likeness prohibition. On Tuesday, a judge overturned that ban that will pave the way for public school athletes to benefit from NIL opportunities. (Photo: Spencer Owens)
But the North Carolina General Assembly stripped the NCHSAA's power to regulate NIL in October 2023, giving the power instead to the Board of Education. The ongoing saga had the board initially adopting a ban on NIL for high school athletes. But a rule change was proposed and put up for public comment that would allow NIL along certain guidelines.



Judge Shirley's ruling put that proposal into effect immediately, according to HighSchoolOT.

"We are extremely happy with the court’s well-reasoned decision today, which we believe was the right outcome," Mike Ingersoll, the attorney for the Brandon family, said in a statement.

This summer, Florida became the 31st state to implement NIL protocols for its athletes. The NCAA adopted a NIL policy in 2021, something that has slowly trickled into high school athletics.