so that distinction, and those reasons -- like what george carlin said, which is really the context that we wanted to make clear, that it was not a diversion, we wanted to have it. but with regard to everything else, we expand enforcement and textual analysis. and there are some words as well, descriptions and depiction. so no surprise that after 1986, the commission applied the same analysis, and that is what it was implying. so if you are going to take mr. corn-revere's argument, it took so much time to come to the conclusion that this was indecent. >> anything other than words or images that were fleeting? >> there is the example "schindler's list." fleeting images or material is a subset, and narrow subset of the indecency cases. what cbs has to show is that there was an exemption to contest will analysis that gives them a true path, because the image was pleaded -- fleeting. it never applied to images. once you get contextual analysis, cbs does not make a serious argument if they do not have an exception, findings were in decent under the analysis. because of the other factors, they