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should just reverse, we should reverse the Court of Appeals? <br />2 MR. MCDOWELL: No, but <br />QUESTION: We could never decide an overbreadth case <br />4 if we had to do that, to go back to see exactly how the statute <br />5 would be applied in these situations. That is not how we do <br />overbreadth. <br />7 MR. MCDOWELL: Overbreadth is -- <br />8 QUESTION: If it is overbroad, it is overbroad, is it <br />9 not? <br />10 MR. MCDOWELL: Right. Overbreadth is basically a <br />11 question of applying the sweep of the statute, and in essence <br />12 determining that the statute can apply very clearly to <br />13 protected activity. And that is apparent with respect to this <br />14 ordinance which bans all residential picketing in a <br />15 neighborhood without any concerns. <br />16 QUESTION: Have we ever applied overbreadth to an <br />17 ordinance or a statute dealing just with picketing? <br />18 MR. MCDOWELL: I believe that the Thornhill case, <br />19 which overbreadth was first utilized, was a picketing case. So <br />20 picketing cases are subject to overbreadth analysis. <br />21 QUESTION: Have you ever checked on how many times <br />22 Thornhill has been cited? <br />23 MR. MCDOWELL: I have not checked out how many times, <br />24 but I believe with some degree of frequency in my reading of <br />25 this Courts First Amendment cases in preparation here. <br />40 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />