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STAHL v. STATE

Nos. M-80-326, M-80-377 and M-80-328.

665 P.2d 839 (1983)

Ronald Earl STAHL, William A. Collard, and Michael D. Kelly, Vicki Jean Monks, Ben Bernstein, Mark Raymond Emerson, David P. McDaniel, Eli W. Nixon and Steve Wolfson, Appellants, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

As Corrected July 22, 1983.

Attorney(s) appearing for the Case

Robert D. Nelson, Roy J. Davis, Andrews, Davis, Legg, Bixler, Milsten & Murrah, for appellants, Stahl, Collard and Kelly.

Robert Hager, Tulsa, for appellant Vicki Monks.

Louis W. Bullock, Sobel, Moran, Bullock & Stevens, Tulsa, for appellants Bernstein, Emerson, McDaniel, Nixon and Wolfson.

Jack C. Landau, Sharon P. Mahoney, Clemens P. Work, Washington, D.C., James P. Kelley, Oklahoma City, for amicus.

Jan Eric Cartwright, Atty. Gen., State of Okl., David W. Lee, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

CORNISH, Judge:

Appellants are nine newspersons convicted in a non-jury trial of Trespass after Being Forbidden, in violation of 21 O.S. 1971, § 1835. Each was fined $25.00.

The pivotal issue in this appeal is whether the First Amendment shields newspersons from state criminal prosecution in their news gathering function. We hold that it does not.

Black Fox Station is a 2,206 acre tract...

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