By Jay Bender
The bill to shelter millions of dollars in contracts between schools and athletes now pending in the South Carolina Senate is a betrayal. It is a betrayal of a commitment made by the General Assembly to the people of South Carolina more than 50 years ago when in 1972 it adopted the South Carolina Freedom of Information Act, stating:
The General Assembly finds that it is vital in a democratic society that public business be performed in an open and public manner.
“Vital in a democratic society.” The appellate courts of South Carolina have consistently held that this commitment to the people of South Carolina is to protect the public from secret government activity.
Members of the public are justifiably concerned about how their public officials spend public money. Recent cases reveal theft or misuse of public funds by sheriffs, probate judges and county council members. The amount of money involved in these cases and others like them is miniscule in comparison to the millions of dollars in public funds that would be hidden from public view if this bill were to pass.
Under an agreement to settle an antitrust suit brought by athletes’ schools, such as the University of South Carolina and Clemson University, each will be allowed to distribute up to $20.5 million to athletes during the 2025-2026 school year. The amount will increase in future years. If this legislation were to pass those millions of dollars of public funds would be spent by schools secretly and away from public scrutiny.
Members of the General Assembly are being told that the schools will spend the money responsibly and appropriately. One needs to look no further than the lavish and unreviewed expenditures by Jim Holderman when he was president of the University of South Carolina to look skeptically at this representation.
The money for the expenditures the university sought to hide from public view was said by the university to come from a private nonprofit entity that was separate from the university. It turned out that this was a fabrication as millions of dollars in public funds were being spent outside of oversight by a foundation created, funded and managed by the university.
No rational justification exists to hide from public scrutiny and oversight millions of dollars in annual spending by universities just because the money is supposed to be paid to athletes. This legislation invites and endorses secret government activity on a grand scale.
This legislation is also a betrayal of the legislative process. The bill was introduced in the House on Jan. 14, 2026, and was passed two days later without any debate or opportunity for public comment. In the normal legislative process there would have been subcommittee and committee meetings in each chamber to consider the bill. The expedited, extraordinary path of this legislation is a betrayal of public trust in the legislative process where it is hoped that legislation will not be adopted without thoughtful consideration and debate. By rushing this bill through the House and now the Senate, members are acting like rulers rather than representatives.
The University has been lying when it says the contracts with athletes are with a “third party.” That third party, Ascend Carolina, is a part of the athletic department. It is not a separate, independent party dealing fairly with athletes.
Contracts with public bodies such as the University and by extension Ascend Carolina, are declared “public records” in the South Carolina Code of Laws. Why should a contract with an athlete be hidden from public view when other contracts with public bodies are required to be public?
This legislation will not “save college sports.” It will not make South Carolina a national champion in football. It only serves the interests of the schools at the expense of the public, the players and the credibility of the General Assembly.
Jay Bender is a retired University of South Carolina professor and media lawyer who represents the S.C. Press Association and its newspapers.