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1 constitutional, what if we thought that. <br />2 Should we not then just sustain the ordinance, or <br />3 what else do you have to offer? <br />4 MR. MCDOWELL: I would again go back to points that <br />have been emphasized with respect to the entire discussion of <br />this case. What is not involved here is an enforcement action <br />7 on picketing which took place after the ordinance was passed. <br />QUESTION: I know. But if this is a facial attack, <br />and suppose we say that as applied to this picketing as applied <br />10 by the District Court, that this ordinance is quite <br />11 constitutional. <br />12 Now is not your only rejoinder then, well, that may <br />13 be so, but it is overbroad? <br />14 MR. MCDOWELL: That is right. That is right. If our <br />15 activity is not protected, then it becomes an overbreadth <br />16 challenge. <br />17 QUESTION; And then what do we have to do, do we have <br />18 to imagine the reach of the ordinance. It may not be <br />19 substantially overbroad. <br />20 MR. MCDOWELL: That is perhaps a question that would <br />21 then have to be determined at trial. There might have to be <br />22 additional facts and so forth put out as to the enforcement <br />23 policies of the town, which might need to be dealt with at that <br />24 point. <br />25 QUESTION: Weil, that may be. But to do that, we <br />39 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />