But you -- under your intermediate scrutiny test we would not be hypothesizing what might have been in Congress's mind. Your First Amendment test is a stringent one. You have to have an important purpose, and the means that you use is necessarily tied to that purpose. If you take that position, I don't see how you make the retroactive-prospective line work.
scrutiny tests comes in a single level
( z1 come :ARG1 ( z2 test :purpose ( z3 scrutiny ) ) :ARG2 ( z4 level :ARG1-of ( z5 single ) ) )