Clemson WR Tristan Smith Denied Restraining Order, But Judge Sees Promise in Eligibility Fight with NCAA
Clemson wide receiver Tristan Smith didn’t get the immediate legal relief he was hoping for, but his battle with the NCAA is far from over - and a South Carolina judge sees real merit in his case.
On Jan. 21, a Pickens County judge denied Smith’s request for a temporary restraining order against the NCAA, which would have allowed him to participate in spring practice while his eligibility case plays out. But the judge also signaled that Smith, a junior college transfer, has a strong argument for being granted a fifth year of eligibility - a ruling that could ultimately put him back on the field for the 2026 season.
Smith’s legal team is challenging the NCAA’s decision to deny him another year of competition, citing precedent and financial impact. The 6-foot-5, 205-pound wideout played two years at Hutchinson Community College in Kansas before transferring to Southeast Missouri State in 2024. He joined Clemson in 2025, where he logged 24 catches for 239 yards and a touchdown in his first season with the Tigers.
His attorneys argue that denying him a fifth year not only cuts short his college career but also robs him of significant financial opportunity. According to court filings, Smith’s agent projects he could earn between $300,000 and $600,000 in NIL compensation at Clemson in 2026. That estimate factors in his on-field production, positional value, and the exposure that comes with playing for a major program like Clemson.
“An extension of eligibility would allow Mr. Smith to remain enrolled at Clemson, finish his degree, and maximize these financial opportunities,” the filing reads. “These represent his greatest earning potential as a college football student-athlete.”
Clemson submitted a waiver request on Smith’s behalf back on Nov. 10, but the NCAA denied it just four days later. Smith then retained legal counsel, including Florida-based sports attorney Darren Heitner and Charleston lawyer Mark Peper, to challenge that ruling.
Now, with the restraining order denied, the focus shifts to a Feb. 3 hearing - tentatively scheduled - where Smith’s team will seek a temporary injunction. If granted, it would allow Smith to participate in spring workouts and potentially play next season while the broader case unfolds.
The judge, Jessica A. Salvini, made it clear in her ruling that Smith’s legal argument carries weight.
“Mr. Smith has demonstrated a likelihood of success on the merits of his state law claims,” she wrote, stating that the NCAA’s denial “appears arbitrary and capricious,” echoing language used in similar legal battles across the country.
One of the most relevant comparisons is the case of Vanderbilt quarterback Diego Pavia, who successfully challenged the NCAA’s eligibility rules after transferring from junior college. In that case, a federal judge ruled that the NCAA’s stance was inconsistent - especially since it doesn’t count prep school years against eligibility. The NCAA ultimately granted a blanket waiver for JUCO transfers like Pavia, allowing them to play in the 2025-26 season.
Smith’s situation mirrors that in many ways. He transferred to Clemson under the impression that he had two years of eligibility remaining - a belief bolstered by the fact that one of his Hutchinson teammates, Oregon receiver Malik Benson, received an extra year under the same waiver.
But the NCAA changed course in October, when the Division I Cabinet opted to stick with existing eligibility rules for the 2026-27 academic year. Smith was left on the outside looking in.
“It has been very difficult for me to understand how Malik, and many others, were granted an additional year of eligibility but that same opportunity is not currently afforded to me,” Smith wrote in his waiver request. “I've struggled with this in my mind all year long and it has made this fall very difficult for me.”
Beyond football, Smith’s case also has academic implications. He lost credits during his transfer from SEMO to Clemson and now needs another semester to graduate in December 2026. For Smith, who once carried a 1.7 GPA in high school and was raised by a single mother in LaGrange, Georgia, earning a college degree would be a major milestone.
This week’s court filing emphasized that another year of eligibility wouldn’t just help Smith financially - it would also give him the chance to complete his education and benefit from Clemson’s institutional support, including NIL opportunities and revenue-sharing.
While his attorneys focused on the financial and legal angles, Smith himself took to social media to make it clear where his heart is.
“It never has been about the money,” he posted on X (formerly Twitter). “I came from a JUCO where I didn’t receive any money my first two years of college.
It’s about wanting to play football one last year for the Tigers. I’m only asking for a 5th year.
A year to grow in my faith and become a better man and player.”
As the Feb. 3 hearing approaches, Smith’s eligibility battle is shaping up as a key test of how the NCAA continues to handle JUCO transfers and the evolving landscape of college athletics. And while the legal system moves at its own pace, one thing is clear: Tristan Smith isn’t backing down.