In a significant legal development, the mother of Faizon Brandon, a highly ranked high school quarterback, has filed a lawsuit against the State of North Carolina, challenging the state's restrictions on Name, Image, and Likeness (NIL) rights for public-school athletes. This case, brought by Rolanda Brandon on behalf of her son, could have far-reaching implications for student-athletes across the state and potentially set a precedent for similar cases nationwide.

The Legal Background

The lawsuit, filed in Wake County Superior Court, targets the North Carolina State Board of Education and the Department of Public Instruction. The crux of the complaint is the state's policy, adopted in June, that prohibits public-school athletes from monetizing their NIL rights. This restriction stands in stark contrast to the freedoms enjoyed by college athletes, who have increasingly capitalized on NIL opportunities since the NCAA lifted its longstanding ban in 2021.

According to the complaint, Faizon Brandon, who is currently ranked No. 32 in the ESPN Junior 300 and No. 4 among pocket passers in his class, stands to lose significant financial opportunities due to this policy. The family had reportedly secured a deal with a prominent national trading card company that would have provided financial stability for years to come. However, under current state rules, such endorsements are off-limits for public-school athletes.

The Argument for NIL Rights

Attorney Mike Ingersoll, representing the Brandon family, argues that the North Carolina State Board of Education overstepped its authority by outright banning NIL activities for public-school athletes. "The State Board of Education was asked to create rules allowing public high school athletes to use their NIL -- it was not empowered to ban it," Ingersoll stated. The lawsuit seeks to overturn this prohibition and allow Faizon and other public-school athletes to benefit from the value they have created through their athletic talent and hard work.

Disparities Between Public and Private Schools

One of the most striking aspects of this case is the disparity it highlights between public and private school athletes. In North Carolina, private-school athletes are not subject to the same restrictions and can fully engage in NIL activities. For instance, David Sanders, another Tennessee recruit and the No. 4 overall prospect in the 2025 ESPN 300, attends Charlotte's Providence Day School, where he freely markets merchandise bearing his image. This inconsistency raises important questions about fairness and equal opportunity for student-athletes across different educational settings.

The Broader Impact

This lawsuit is not just about Faizon Brandon; it represents a broader challenge to the restrictions that many states still impose on high school athletes regarding NIL rights. As more student-athletes and their families push back against these limitations, we may see a wave of legal actions that could reshape the landscape of amateur sports. The outcome of this case could influence policy changes not only in North Carolina but across the country.

At Saluja Law, we recognize the critical importance of NIL rights for student-athletes. The ability to monetize one's name, image, and likeness is not merely a financial opportunity; it is a matter of fairness and recognition of the value these young athletes bring to their sports and communities. We will be closely monitoring this case as it progresses and will continue to provide insights on how it may impact the future of NIL regulations in high school and college sports.

For more information on NIL regulations and how they might affect you or your organization, please feel free to contact Saluja Law. We are committed to staying at the forefront of legal developments in this rapidly evolving area and advocating for the rights of athletes at all levels.