This is in response to the university's refusal to turn over emails between Tressel and Ted Sarniak. The university cited the Federal Educational Rights and Privacy Act (FERPA) in refusing the request, but ESPN is arguing FERPA does not apply in this situation. Essentially, they're arguing the records are not education records as defined by FERPA and they cite precedent from earlier cases against Miami (OH), Georgia and Illinois.
ESPN is represented by Graydon, Head & Ritchey LLP out of Cincinnati.
UPDATE: Meanwhile, you can read over Tom Farrey's request on behalf of ESPN here. Remember, it was the one that basically said "we know you have 10 days to reply, but can you hook us up in five so we can get it in the Mag?"