View a PDF of the Brookers’ planned appeal of the gag order at www.tulsaworld.com/appeal and catch up on previous stories and documents at www.tulsaworld.com/ orulawsuit.

An attorney says a gag order in the ORU case is being appealed to the state Supreme Court.

Two former Oral Roberts University professors who are suing the college are asking the Oklahoma Supreme Court to overrule a gag order preventing participants in their lawsuit from talking about the case outside of court.

Paul Boudreaux, an attorney for former professors Tim and Paulita Brooker, said they appealed the gag order to the Supreme Court on Wednesday, although the appeal did not appear on the court's Web site, cf,fgc www.tulsaworld.com/oscn. cf,ceno

Tulsa County District Judge Rebecca Brett Nightingale issued the order Jan. 11, saying she was concerned about all participants' ability to have a fair trial, considering all they had said publicly about the case. She said she did not think the case could move to a different city because it had been covered by national media.

Attorneys for ORU, former ORU President Richard Roberts and ORU administrators had asked for the gag order in October. Their request to the court claimed the Brookers and their attorneys were abusing the judicial system to seek publicity and spread unsubstantiated allegations of wrongdoing.

Roberts denied the allegations but resigned from the presidency in November.

In the appeal, the Brookers argue that the facts of the case do not meet the high standard for restricting free speech, and they claim Nightingale did not consider less restrictive measures. Nightingale did not return a phone call Wednesday afternoon.

Her order bans comments that would "substantially and materially prejudice the ability to have a fair trial." The attorneys involved have said that means participants in the lawsuit cannot talk about the case at all outside of court.

The Brookers now argue that the order "is an abuse of judicial power."

"Any threat to a fair trial in this matter, for either side, is far outweighed by the clear right to speak the truth," their appeal says.

Boudreaux said Roberts' father, Oral Roberts, along with televangelists, media and anyone besides the lawsuit participants can talk about the case.

"We don't think the professors should be gagged of their opinions," he said.

He added: "We immensely respect this judge. . . . We just disagree with her on this issue."

The appeal to the Supreme Court will not prevent other aspects of the case from moving forward, Boudreaux said.

John Tucker, an attorney for ORU, Oral Roberts Evangelistic Association and two ORU administrators, said the process with the Supreme Court usually takes 30 to 60 days. The court could decide not to consider the request at all, or it could take up the issue and decide whether it agrees with Nightingale's order.

April Marciszewski 581-8475
april.marciszewski@tulsaworld.com