In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Example Input: Apr. 14, 2011). Accord Wright v. Goord, 554 F.3d 255, 274 (2d Cir.2009) (dismissing a retaliation claim whose only causal basis was a letter that plaintiff wrote many weeks before the allegedly retaliatory acts, implicating officers other than named defendants). See also Def. Mem. at 11 ("[A] claim that one defendant took action against the plaintiff in retaliation for a complaint made against a different [officer] [should be] viewed with particular skepticism."). 40 . Def, Mem. at 17. 41 . See id. (citing exclusively to Eighth Amendment cases). 42 .Id. 43 . See Wright, 554 F.3d at 274. 44 . Def. Mem. at 18. 45 . Def. Mem. at 19. 46 . Davis, 320 F.3d at 353. 47 . Dawes, 239 F.3d at 493. 48 . Compare Hofelich v. Ercole, No. 06 Civ. 1369, 2010 WL 1459740, at *2 (S.D.N.Y. Apr. 10, 2010) (<HOLDING>), with Rembert v. Cheverko, No. 12 Civ. 9196, 
 Holding statements: (A) holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim (B) holding that a verbal threat of being fired is not an adverse employment action for purposes of title vii (C) holding that verbal threats if they are specific can constitute adverse action for retaliation purposes (D) holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case (E) holding that a transfer of job duties can constitute an adverse employment action
Example Output: holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim

Example Input: but clear, as a matter of law, that the “military exception” applies only to the person who served in the armed forces — not his or her children. As I read Cuevas-Gaspar, no one in that case, much less the mother whose residency status was imputed, served in the United States military. The principle behind the Cuevas-Gaspar imputation rule is to avoid separating children from their permanent resident parents with whom they have resided for a significant period of time in the United States. See Cuevas-Gaspar, 430 F.3d at 1024 (“[W]e are instructed ... that our immigration statutes and regulations are replete with provisions ‘giving a high priority to the relation between permanent resident parents and their children.’ ”); see also Lepe-Guitron v. INS, 16 F.3d 1021, 1025 (9th Cir.1994) (<HOLDING>). The so-called “military exception” of 8 
 Holding statements: (A) holding that the evidence did not support a finding that the parents intentionally abandoned their child (B) recognizing fundamental right of parents to care for their children (C) recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children (D) recognizing parents fundamental liberty interest in the care custody and management of their children (E) holding in the primary case on which cuevasgaspar relied imputation of a parents residency status to a child may be justified where deportation would sever the bonds between parents and their children who had resided legally in the united states for the better part of their lives
Example Output: holding that the evidence did not support a finding that the parents intentionally abandoned their child

Example Input: provision, its application to plaintiff, or the governmental interests it serves. Without such evidence, there is no showing at this juncture that plaintiff, or anyone else, is likely to be harmed by its continued enforcement. The City ordinances that prohibit “sales or exchanges,” § 62 — 5(b)(9), and establishment or acceptance of “a price or fee ... for observing or participating in a display or performance, other than ... a tip the amount of which is not solicited,” § 62-5(b)(10), along with the categorical ban on commercial activity, § 62-4, present thornier questions. I now turn to those provisions. B. Restrictions on Commercial Expression and Activity Section 62 — 5(b)(10), quoted above, plainly regulates speech. See Berger v. City of Seattle, 569 F.3d 1029, 1051 (9th Cir.2009) (<HOLDING>) (quoting regulation; emphasis in original). 
 Holding statements: (A) recognizing the need to balance the states interest in fulfilling its responsibilities to the public the extent to which the speech in question involves a matter of public concern and the manner time place and context of the speech (B) holding that campaign money laundering was in furtherance of political speech but an invalid exercise of free speech rights because it was illegal (C) holding that restriction on government employee speech was unconstitutionally vague (D) recognizing that code is speech (E) holding that a regulation forbidding street performers to  solicit donations  except by  passively  informing the public that such donations are sought  with written signs constituted a restriction on speech because it allows the conduct exchange of money but regulates only the speech by specifying the manner of requesting money  only  passively
Example Output:
recognizing the need to balance the states interest in fulfilling its responsibilities to the public the extent to which the speech in question involves a matter of public concern and the manner time place and context of the speech