Seal in nickname lawsuit challenged

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GRAND FORKS (AP) - Forum Communications Co. plans to fight a judge's decision to seal documents in the University of North Dakota's lawsuit against the NCAA over the Fighting Sioux nickname.

Northeast Central District Judge Lawrence Jahnke ruled earlier this month that future filings in the case should be sealed to try to encourage settlement talks.

Forum Communications Co. will file a motion this week seeking to vacate or change Jahnke's order, the newspaper reported Thursday.

Editor Matthew Von Pinnon said there is no compelling reason to keep the case file closed.

"This case has huge public interest for the state of North Dakota," Von Pinnon said. "It involves the state's largest public institution. We couldn't let this decision stand without a fight."

Jack McDonald, an attorney for the North Dakota Newspaper Association, said Jahnke's ruling is too broad. State law allows documents to be sealed for such reasons as protecting trade secrets or sensitive financial information, McDonald said. The law does not allow for a blanket seal on future documents, he said.

Jahnke said in his order that the seal would be rescinded if negotiations between UND and the NCAA reach an impasse.

The NCAA considers the Fighting Sioux nickname and logo hostile and abusive and has barred UND from displaying them during postseason play. UND says it uses the nickname and logo with respect and has sued the NCAA.

A trial is scheduled Dec. 10, but Jahnke has urged both sides to settle the dispute.

Jahnke's order says the NCAA concurs with his decision to seal future documents. Attorney General Wayne Stenehjem has said he opposes the order.

Forum Communications Co. owns the Forum of Fargo-Moorhead, the Grand Forks Herald and other newspapers and television stations, including WDAY and WDAZ.

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