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.
Can we infer the following?
purpose is not necessary for this position

Select from:
(I) Yes.
(II) It's impossible to say.
(III) No.
The answer is:
(III)