Clemson is taking the ACC to court.

The school has become the second program to sue the conference over its media rights agreement, joining Florida State. Clemson filed Tuesday morning in Pickens County, South Carolina.

The suit opens by taking aim at the ACC’s ownership of a program’s media rights through 2036 even if the school leaves the conference and the $140 million penalty to leave the conference. Clemson says the current terms of the ACC deal keep the school from exploring other options or negotiating new terms.

“1. The ACC has publicly asserted that the ACC irrevocably owns the media rights of member institutions to home games played through 2036, even if the institution ceases to be a member of the Conference,” the suit reads. “The ACC has also claimed that member institutions must pay an exorbitant $140 million penalty to leave the Conference, and that members owe the Conference fiduciary duties, specifically with respect to obligations created by their grant of media rights to the Conference.

“2. Each of these erroneous assertions separately hinders Clemson’s ability to meaningfully explore its options regarding conference membership, to negotiate alternative revenue-sharing proposals among ACC members, and to obtain full value for its future media rights. As detailed below, collegiate athletics is at a crossroads. Without clarity as to its legal rights and obligations, Clemson cannot protect and advance its interests…

3. Accordingly, Clemson seeks a declaration of its rights relating specifically to (a) the scope of Clemson’s grant of certain media rights to the Conference, (b) the invalidity and unenforceability of the exorbitant withdrawal penalty that the Conference claims any member of the ACC, including a public university, must pay to leave the Conference, and (c) the non- existence of fiduciary duties that the Conference claims ACC members owe to the Conference and the absence of a breach of any legal duty or obligation that Clemson might owe to the ACC by filing this lawsuit.”

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Clemson’s move does not come as a surprise

Like Florida State, which sued the ACC in December and has been countersued by the conference, Clemson has long been considered one of the most likely conferences to leave the ACC.

It’s no secret that the ACC’s grant of rights is what has kept Clemson, FSU and others from making moves in the most recent waves of conference realignment.

If Clemson and/or Florida State get a court to rule against the enforcement of the grant of rights, it would likely be the end of the ACC, which is falling behind the SEC and Big Ten in revenue from media rights deals.

Last year, FSU, Clemson, Miami, North Carolina, NC State, Virginia and Virginia Tech got together during the ACC spring meetings to discuss options for potentially leaving the conference. The group was dubbed the “Magnificent 7.”

How the Clemson/FSU suits are settled regarding enforcement of the grant of the rights and the exit fee will determine the fate of the ACC. It has been pointed out that one aspect of the Clemson suit could impact media rights deals for all power conferences.