your argument only applies when it's content newt lal, and yet here we're dealing with a situation where you're saying it's an exception to the content-based rule. >> well, your honor, i think the court can deal with the competing interests in this case more easily not by getting bogged down in the definition of content-based and con innocent-neutral, but by focusing on the bottom line question of whether this is an appropriate case for strict scrutiny or intermediate scrutiny. >> when you use those labels in the context of the first amendment, do they mean the same thing that they mean in equal protection? that intermediate scrutiny is a pretty tough standard in equal protection. >> well, i think there are a couple of flavors both under the constitution at large and under the first amendment in particular. i think here we'd be urging something more like a reasonable fit test which we think would give municipalities enough room to draw the kinds of distinctions that i think they reasonably should be able the make between painting your street number and your curb so people can more easily