I concede the point. It looks like the litmus test used to be "sweat of the brow", overturned to be "creativity". The question then becomes, are time zones fact

I concede the point. It looks like the litmus test used to be "sweat of the brow", overturned to be "creativity". The question then becomes, are time zones facts, or are they somehow creative expressions of categorization? If not, it's hard to imagine this standing up under the ruling you cite.