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1 that they could not constitutionally do. <br />2 MR. MCDOWELL: Let me clarify then my statement of a <br />few minutes ago. The basic protection of picketing is <br />something that is constitutionally protected. Certainly, <br />numbers of picketers could be regulated to the extent that <br />6 numbers of picketers interfere either with free use of the <br />7 streets or with the interests of the town in privacy. <br />QUESTION: well, specifically, could they pass an <br />ordinance saying that you may not picket with more than ten <br />10 persons in front of a house for more than eight hours a day? <br />11 MR. MCDOWELL: We would have with respect to that <br />12 ordinance the similar analysis that would have to be applied. <br />13 That is does the ordinance restrict picketing. <br />14 QUESTION: I understand the analysis. 1 am curious <br />15 to know what your answer is. <br />16 MR. MCDOWELL: All right. My answer would be that <br />17 ten picketers would raise a severe question, because there <br />18 would be a question of whether a limitation -- <br />19 QUESTION: 1 understand that there is a severe <br />20 question, but what is the answer to it? <br />21 MR. MCDOWELL: Okay. 1 would say that that would not <br />22 be constitutional, because there would not be a significant <br />23 enough impact upon public safety interests to justify the <br />24 ordinance. <br />25 QUESTION: In other words, you gave me the same <br />37 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />