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OKLA. BROADCASTERS v. OKLA. TAX COM'N

No. 65983.

789 P.2d 1312 (1990)

OKLAHOMA BROADCASTERS ASSOCIATION a/k/a Oklahoma Association of Broadcasters, Inc., an Oklahoma corporation; Griffin Television, Inc., an Oklahoma corporation; and Gentry Broadcasting, Inc., an Oklahoma corporation, Appellees, v. The OKLAHOMA TAX COMMISSION, Appellant.

Supreme Court of Oklahoma.

March 27, 1990.

Attorney(s) appearing for the Case

Roy J. Davis and Gretchen A. Harris. Andrews, Davis, Legg, Bixler, Milsten and Murrah, Oklahoma City, for appellees.

J. Lawrence Blankenship, Gen. Counsel and Donna E. Cox, First Asst. Gen. Counsel, Oklahoma Tax Com'n, Oklahoma City, for appellant.

LAVENDER, Justice:

The question presented is whether a tax structure that exempts some but not all "members" of the press from use and sale taxes impermissibly burdens rights protected by the First and Fourteenth Amendments to the United States Constitution. We answer affirmatively.

I.

Appellees initiated the present action in the District Court of Oklahoma County

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