The Reporters Committee for Freedom of the Press filed a friend-of-the-court brief Tuesday supporting a Forum Communications Co. open records appeal to North Dakota's Supreme Court.
The North Dakota-based media company is appealing Grand Forks County District Judge Lawrence Jahnke's Sept. 14 decision to temporarily seal all filings in UND's lawsuit against the NCAA over the Fighting Sioux nickname.
Jahnke upheld that decision Oct. 22 over a Forum Communications objection, and the documents remained sealed until the two parties announced a settlement Oct. 25.
Forum Communications owns the Herald and The Forum of Fargo-Moorhead newspapers, as well as Grand Forks' WDAZ and Fargo's WDAY television stations.
The reporters committee brief, filed Tuesday, argues that Jahnke's stated intention to aid settlement negotiations was insufficient justification to bar the press and the public from court records.
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Public interest argument
"As state entities, the UND parties are acting directly on behalf of the public," the brief states. "The public not only has an interest in this case, the public is this case.
"This ruling, if allowed to stand, essentially allows courts throughout North Dakota to blatantly disregard the safeguards and processes set forth to ensure that the public's interest is represented and protected when a court considers closing off access to public records," the brief continues.
The brief also argues that because of national interest in the nickname case, the results of upholding Jahnke's ruling could extend beyond North Dakota.
Marks reports on higher education. Reach him at (701) 780-1105, (800) 477-6572, ext. 105, or jmarks@gfherald.com .
