Suppose No, but that's the Copyright Clause argument, and it seems to me you're saying, okay, we then apply that in First Amendment analysis, which allows us to make a coherent intermediate scrutiny argument. If we don't accept the Copyright Clause retrospectivity argument --
Can we infer that "First amendment analysis allows us to make intermediate scrutiny arguments that aren't coherent.'"? Yes, no, or maybe?
Suppose No, but that's the Copyright Clause argument, and it seems to me you're saying, okay, we then apply that in First Amendment analysis, which allows us to make a coherent intermediate scrutiny argument. If we don't accept the Copyright Clause retrospectivity argument -- Can we infer that "First amendment analysis allows us to make intermediate scrutiny arguments that aren't coherent.'"? Yes, no, or maybe?