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QUESTION: So picketing can interfere with privacy <br />2 and with residential character, and to that extent can be <br />regulated? <br />4 MR. MCDOWELL: What we have in essence is a balance <br />5 in such a situation. Picketing may have some impact upon <br />residential privacy interests. However, in looking at that <br />7 analysis, it is important to remember that normally, as in the <br />9 Keith case, the interest in residential privacy does not extend <br />9 to forbid activity taking place on a public forum property. <br />10 Second, it is important to realize -- <br />11 QUESTION: But you indicate that it can in some <br />12 instances? <br />13 MR. MCDOWELL: The Court has not applied the analysis <br />14 of residential privacy to forbid activity in a public forum of <br />15 the picketing nature. <br />16 QUESTION: Well, has the Court confronted a case <br />17 where the public forum doctrine has squarely measured against <br />18 the interest of the homeowner and privacy and quiet? <br />19 MR. MCDOWELL: The closest that this Court has come <br />20 to that situation was the Carey case. And in the Carey <br />21 case -- <br />22 QUESTION: And that went off on equal protection <br />23 grounds. <br />24 MR. MCDOWELL: Well, in the Carey case -- <br />25 QUESTION: And in that case, we also said that there <br />42 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />