Tentative settlement reached in case over campus handbills

By The Associated Press

10.12.02

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HAVRE — Attorneys said they have tentatively agreed to a settlement in a free-speech lawsuit against a former dean of Montana State University-Northern.

The suit, filed by former assistant professor Doug Giebel, contends Stephen Sylvester, former dean of the university's College of Arts and Sciences, violated Giebel's First Amendment rights by removing handbills from university bulletin boards.

The handbills advertised a speech by Giebel at the school's Conference on Intellectual Freedom in 1996.

A trial had been set for Oct. 7 in U.S. District Court in Great Falls.

Judge Sam Haddon has given the parties until Oct. 23 to file a proposed final settlement for his consideration.

"We have reached a tentative settlement in that case and are trying to reach details," said Assistant Attorney General Norman Peterson, who is representing Sylvester.

The 9th U.S. Circuit Court of Appeals ruled last year that the case should go to trial. Sylvester had appealed a lower court judge's denial of his motion for summary judgment.

The appeals court said removing handbills from bulletin boards would violate Giebel's First Amendment rights. The trial was scheduled to determine whether Sylvester removed the handbills.

The handbills said Giebel's speech was titled "The Regents: The Plan and Academic Responsibility."

Giebel taught at Northern on a one-year contract in the 1993-94 school year. He later lost a suit that claimed a hiring search for a permanent position he had applied for was not conducted properly.

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Federal appeals judges emphasize historical importance of handbills.  04.16.01