this here doesn't look like prior restraint, so what is your -- this is justicehomas's question again, what is your theory of the first amendment? mr. cole: again, it is the same sw as to justice thomas. of course the first amendment prohibits absolute censorship or suppression of speech, but it also prohibits the imposition of any burden on speech because of its content. even if the government denies a contract to an entity because it disapproves of -- justice jackson: right, but isn't the hard part figuring out whether or not the burden is being imposed because t content of the speech or becau of the conduct? that is where we have to be real ceful about what you are alleging is a first amendment problem, because e government can regulate conduct. mr. cole: i agree, and if this was a case where the government d said the nra is violating e law left and rht and we have to respond to that, and here are the legal obligations, that would be one thing. that is not what they said. they said "we want to shut the a dow wwant to put the gun lobby out of business." the title of the guidance let