Legal Knots: Realignment Wednesday

Update 9:47 9/7: Word started to trickle in about 90 minutes ago that doubt was being cast on the veracity of the Waco Tribune story that said six Big 12 schools were working in concert to block the A&M move to the SEC unless Oklahoma agreed to stay. Subsequent updates and tweets from several sources now indicate the Waco story was, at best, bogus, and that the actual primary actors are most likely Baylor via Ken Starr and, possibly, Iowa State.


The story started to unravel when Texas Tech denied any involvement with any lawsuits (heck, their legal team is still tied in Mike Leach knots), and Oklahoma denied any knowledge that it was being made into the fall guy for the Big 12's future. Ultimately, this appears to have been a craftily laid land mine possibly set into motion by Ken Starr of Baylor. 


How this does or doesn't affect the Big 12 issues at hand remains to be seen, but clearly the line of the night award belongs to ESPN's Pat Forde, who lead off his column tonight with the following gem:

There is nothing funny about what's going on in the Big 12 right now. Except for the fact that it's fall-down hilarious.

Stay tuned. Please feel free to add your comments below, or join EndZoneReview!


With the SEC vote to accept Texas A&M now known, it became clear early today that the invitation wasn't quite that clean cut. Word had been communicated to the SEC that one or more Big 12 schools weren't crazy about the pending departure, and were not standing by a previous agreement from the Big 12 to release any claims the conference had against A&M for their departure. As a result, the SEC's invitation was conditional upon a waiver from each Big 12 school of their right to sue.

Word comes down that eight of nine schools are refusing to waive that right, unless Oklahoma decides to remain in what's left of the Big 12.

Now, no one knows quite what will happen next. As for an opinion, I believe the refusal to waive rights has been orchestrated by Texas itself in order to put that "extreme pressure" on OU to remain in the Big 12. Texas would like nothing better for OU to take the role of villain in the dismantling of the Big 12. For OU, it seems imperative that they not knuckle to this lowest-common-denominator blackmail, and pursue its own best interests.

Something's rotten in Denmark: CBS reports that Texas Tech has denied any threat to sue anyone regarding conference realignment. George Schroeder tweets that some info he's learned makes him skeptical of the original Waco news report indicating this "band of 6 threat." Exactly what is going on is unknown, but something is clearly rotten in Denmark. At worst, its ridiculous propaganda, at worst its malevolent posturing. 


Where is this all heading? No one really knows. To an extent, the entire theater is getting a bit ridiculous. The core of this round of realignment is the Longhorn Network, and for Texas to shift the blame to any other party is laughably disingenuous.

Stay tuned

NCAA versus The Colleges: An OU-Georgia Legal Redux?

Most college football fans older than, say, 40, have at least a fleeting memory of the time when the NCAA controlled college football rights, and limited just about everyone to no more than two national TV appearances annually.

That's right, two.

Not quite thirty years ago, the universities of Oklahoma and Georgia grew tired of the NCAA's control, having started to realize the untapped value in the commercial sale of TV broadcast rights. Eventually, attorneys for one (or both) schools made a revelation - that the NCAA's control over broadcast rights was never part of NCAA membership, and that control was a violation of the Sherman Anti-Trust Act. The schools sued to get those rights back.

After some legal wrangling, the Supreme Court agreed, handing OU and Georgia a landmark victory in a case that quite literally reshaped the way college football is broadcast. The BCS itself, arguably, owes its very existence to the OU-Georgia lawsuit of not quite a generation ago.

Now, I can't help but wonder if a similar donnybrook is ahead, over what is arguably the purest expression of rights ownership - a university sports network.

This week, Texas launched its (in)famous Longhorn Sports Network, after a summer of arguing and fighting over the propriety of LHN carrying Texas high school football games. Members of the Big 12 screamed foul, pointing out a multitude of lesser promotional actions (such as showing a recruit on a scoreboard display) that have been nixed by the NCAA, meaning surely a television network can be held to no lower a standard.

For now, the Big 12 put its foot down (and, yes, I tried to say that without laughing), and told Texas, "no." And then the NCAA confirmed that ruling...and then, it didn't.

Almost without notice, the NCAA backtracked on that ruling, saying that ESPN could run "selected" high school highlights within its own content as partner for LHN. And I can't help but wonder what led to the NCAA's change of heart.

Methinks a flashback to OU-Georgia is part of their thinking.

If OU and Georgia successfully argued three decades ago that schools own their own broadcast rights, it doesn't take a great leap to say that no governing entity such as the Big 12 nor the NCAA can prevent Texas from exercising what it would argue were its First Amendment free speech rights - to broadcast on its own network anything it pleases.

It would start with Texas versus its own conference.

It would end with Texas versus the NCAA.

I'm no attorney, but my trick knee tells me that Texas would have a darned good chance to win that kind of fight. And if they did, there would be a free-for-all to follow regarding every other impingement of free speech  that has capped certain recruiting activities for years - all gone at the drop of a gavel, along with any significant pretense on the part of any other school that the NCAA had any real enforcement powers over, well, anything.

I think the NCAA's about-face on an absolute prohibition of high school football on LHN is a tip of the hat to a more fundamental fear; that as rapidly as college football is growing, with newer and more creative ways found by the most powerful schools to slide craftily around the rules amid those who simply disregard them, that the NCAA is becoming an anachronism, a tip-of-the-hat to a bygone era when college football really was college football.

If the shadows of conference realignment cast by Texas A&M show anything, they demonstrate how quickly college football could reorganize itself and gravitate into a sport where the schools representing the top, oh, 50 elite programs simply consolidate, bid the NCAA and its byzantine rules farewell, and play ball with their own playbook.

Don't laugh. Surely, the NCAA isn't.