As an attorney, I am incredibly amused that anyone thinks they can break the GOR. I hope they try, it'll be great entertainment.
1. OU and TX, with all their resources and wealth, and with only a 3 or 4 year period to work with and couldn't do it. FSU is locked in for 13 years. That's 4X the amount at risk. The ACC will fight it to the end.
2. FSU and others are considered sophisticated entities, with legions of attorneys. They aren't some rubes who got taken advantage of.
3. In fact, what makes the ACC GOR even more ironclad is that it was written due to a team - Maryland - leaving. So, they can't say they didn't know what they were doing. They were specifically writing an agreement to make it so that teams could not and would not leave the conference early. The exact reason they entered the agreement was so that a team couldn't see that they could make more money elsewhere and leave. Exactly what FSU is trying to do.
4. GORs are not in any way novel. They have been used in entertainment law for a century. They have been litigated hundreds of times. The arguments are known. The language in the GOR will have been lifted directly from case law approving of said language. I know this because I was undefeated defending yellow pages contracts - the language came directly from case law that had been litigated in all 50 states. The GOR will be the same.
5. FSU has zero leverage here to force the ACC to do anything. They better hope they are really back, because they will have a target on them from all the other teams that aren't good enough to get an FSU share.
Now, only if they would have incorporated in Delaware, they could have gotten out of it.
The thing is that I agree with all your posts related to realignment but your "absolutism" is what I disagree with. I think you are 85-90% right but not 100%. It is funny coming from a lawyer that you would guarantee 100% that the GOR is enforceable. Nothing in law is 100% based on my experience and politics often trump good law unfortunately.
One red herring is that if Rick DeSantis' office and the Florida Legislature decide that it is not in FSU's best interest, as a public institute, to stay in the ACC and take legislative action, the GOR is gone. There is no way a GOR is going to trump a State Ruling. The GOR would be unenforceable because you literally have no Executive Enforcement then to back it. Judicial decisions have been ignored or overturned constantly. I guess someone could go to the Federal Government to get it enforced but even the Federal Government is unlikely to care or do anything. Heck, they could pass a law citing some health and safety issue with the student athletes to get out of the ACC, it would be that simple and that law, based on welfare of the athlete, would be enforceable and they would have the political cache to back it up as well. This is why being a public, educational institute, is, in my opinion, a gamechanger. The focus would be on the student athletes and not some football money or tv deals.
That being said, I don't think FSU has that political cause or good will so all of that is a mute point.
Now one major issue with FSU is the fact that their TV deal is with ESPN. ESPN is also the SEC provider. This makes any action to get out ludicrous because ESPN is going to control FSU's future fate as well. I guess FSU could run to FOX and the B1G as another option.
A judge or jury could also rule against the GOR for a variety of reasons. I haven't seen the contract and I doubt anyone on here has so I am not sure how ironclad this contract may be. There could be an out.
My speculation for the ACC to expand to renegotiate was perhaps based on clauses that I saw in other TV contracts but may not be in the ACC TV contract.
As stated numerous times, I do think this is FSU's attempt to renegotiate terms on the TV deal and not a move to leave the conference. When teams have moved conferences, they have done it quietly. This was the case with OU, Texas, UCLA, and USC.
The conference we should be watching right now for realignment is the Pac12 (and Big12/B1G).
I disagree with you on whether the SEC would bring in FSU. FSU makes enough $$$$ to drive value in being added to the SEC plus FSU versus SEC schools would draw eyeballs. Issue is that the SEC doesn't have a reason, right now, to go out of the way or make sacrifices to include FSU so at the present, you are correct. SEC is probably more worried about how to integrate OU and Texas and get the 16-team format to work than what is going on with the ACC.