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MR. FUHRMAN: Well, if you had litigation on each and <br />2 every street, yes. But on the other hand, we believe that <br />reason would enter in here. Because if you look at the streets <br />4 of the Town of Brookfield, and you know that they are thirty <br />5 teet in width, you should know that you do not have public <br />6 fora. <br />7 CHIEF JUSTICE REHNQUIST: Thank you, Mr. Fuhrman. <br />We will hear now from you, Mr. McDowell. <br />9 ORAL ARGUMENT BY STEVEN FREDERICK MCDOWELL, ESQ. <br />10 ON BEHALF OF APPELLEES <br />11 MR. MCDOWELL: Mr. Chief Justice, and may it please <br />12 the Court: <br />13 Before this Court today is an attempted appeal from <br />14 an order affirming a preliminary injunction. There is no <br />15 finality, no ultimate determination on the merits of the <br />16 constitutional issue, and therefore no appeal jurisdiction. <br />17 In light of the preliminary nature of the case, this <br />18 case may well be more appropriately handled by way of summary <br />19 affirmance rather than a comprehensive review of the town's <br />20 claims, claims which we contend lack support in either the <br />21 record nor the decisions of this Court. <br />22 The towns case rests fundamentally upon a challenge <br />3 of two basic premises of First Amendment law. That streets are <br />24 quintessential public fora; and that picketing, a legitimate <br />25 peaceful forum of First Amendment expression is to be permitted <br />23 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />