Read the following excerpt from a US court opinion:
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license, noting that the license ordinance “has no .provisions, explicit or implicit, for sentencing” and “in simple and direct, terms, authorizes the city to put out of • business those businesses used for illegal or immoral purposes”). The court need not decide the issue based on the denial alone, however, because ATM challenges not only the Council’s denial of its license, but also the pre-denial operation of the ordinance itself. ATM has presented sufficient evidence for the court to conclude (at least for a determination of standing) that operation of the ordinance impermissibly and indefinitely delayed ATM’s ability to engage in activity presumptively protected by the First Amendment. See Roaden v. Kentucky, 413 U.S. at 504, 98 S.Ct. 2796; Gayesty Theatres, Inc., 719 F.2d at 1552 ; City of Daleville, Ala., 695 F.Supp. at 1171.
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What is the most suitable continuation to the opinion? Your options are:
A. holding that legislative immunity is not forfeited simply because the activities if unprotected might violate a plaintiffs first amendment rights
B. recognizing the preliminary issue in a first amendment challenge is whether the speech at issue is protected or unprotected
C. holding in a case addressing the revocation of an adult theaters business license that while the citycould prevent the viewing of an obscene videotape it cannot constitutionally pierce the first amendment shield and bar  presumptively protected expression based only on prior unprotected conduct
D. holding first amendment claim requires actual protected conduct
E. holding that regulating the location of adult films does not violate the first amendment and citing as support the proposition that reasonable regulations of the time place and manner of protected speech where those regulations are necessary to further significant governmental interests are permitted by the first amendment
Reply with [A, B, C, D, E] only.