MOKGORO J the Court appeared to be willing to defend the statute in its present form. [54] The consensus fostered by these concessions affords this Court the opportunity to adjudicate this matter on the basis of overbreadth analysis, without reaching the issues of (a) whether the Legislature may, consistent with the new Constitution, regulate sexually explicit material at all; and, (b) if so, what form of definition of proscribed sexually explicit material will pass constitutional muster. As to the first issue, I propose to simply assume, for purposes of this matter, an answer in the affirmative. As to the second, for purposes of overbreadth analysis I need not attempt to formulate a constitutionally permissible definition. [55] Applicants did not dispute, for purposes of the application before us, that the contents of the various video cassettes found in their possession were in fact covered by the definition of “indecent or obscene” matter. If that be so, it does nothing to negate the Act’s overbreadth, since it is not necessary for a successful overbreadth challenge that the conduct of the actual litigant in the case before the Court fall within the zone of overbreadth. 90 If the law itself is overbroad, it has to go, and no conviction may be founded upon it. That is so because of the chilling effect that overbroad legislation may have, discouraging others from engaging in constitutionally protected activities because legislation which on its face prohibits such activity remains on the statute books 91. Under United States law, if a statute not only forbids expressive conduct that may constitutionally be restricted, but also forbids constitutionally protected expression, courts will look beyond the facts immediately before it to determine whether a putative class of future 90 See, e.g., R v Canadian Pacific Ltd., [1995] 99 C.C.C. (3d) 97. 91 Royal College of Dental Surgeons of Ontario v Rocket, [1990] 71 D.L.R. (4th) 68. 31