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1 in such public fora areas. <br />2 The District Court, we contend and we believe, did <br />not abuse its discretion in determining that the picketers were <br />4 likely to prevail on the merits of their First Amendment <br />claims. <br />6 QUESTION: The District Court or Court of Appeals, <br />7 either one, Mr. McDowell, indicate that they thought more facts <br />8 were necessary in order for them to reach a conclusion on the <br />constitutional issue? <br />10 MR. MCDOWELL: The District Court's opinion indicated <br />11 that based upon the facts that are currently in the record that <br />12 there were sufficient facts to grant the preliminary injunction <br />13 and in fact to grant a final injunction. <br />!4 We believe that this is in fact an appropriate <br />15 determination. Because based upon the normal assumptions that <br />1 are normally made about streets, that they are normally public <br />17 fora, and also based upon the normal conclusion that picketing <br />19 is a legitimate form of expression, just based upon the facts <br />19 as developed there, that there would be a sufficient record to <br />20 make that determination. <br />21 However, if other facts are sought to be introduced, <br />22 such as for example, the question of whether one must move or <br />remain stationary to constitute picketing in the Town of <br />24 Brookfield, perhaps it may be necessary to go back for a <br />25 further determination. <br />24 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />