instruction:
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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
speech." The categorical distinction is particularly difficult to apply to statutes that proscribe threats. Generally, threats involve words, or "speech.” Moreover, in the R.A.V. case itself, the Court implicitly suggested that threats did not fall within its exception for statutes "directed at conduct.” See R.A.V., — U.S. at --, 112 S.Ct. at 2546 (describing 18 U.S.C. § 871, which proscribes threats against the President, as fully subject to its general rule). Nonetheless, as I discuss below, at least one panel in this circuit has held that a civil rights statute selectively proscribing threats of force is “directed at conduct” and thus not subject to the R.A.V. general rule. Hayward, 6 F.3d at 1251 (42 U.S.C. § 3631, as applied to a cross-burning incident); cf. J.H.H., 22 F.3d at 826 (<HOLDING>); but cf. United States v. Lee, 6 F.3d 1297, 
 Holding statements: (A) holding that interference with the right to service in a restaurant is chargeable under 18 usc  241 (B) holding that a state is not a person under 42 usc  1983 (C) holding that 18 usc  245 a statute passed on the same day as 42 usc  3631 and for similar purposes constituted a valid enactment under congress thirteenth amendment authority as applied to racially motivated interference with federallyprotected rights (D) holding that 18 usc  1919 did not implicitly repeal 18 usc  1001 (E) holding that 18 usc  241 and 42 usc  3631 fall within a separate exception to rav
answer:
(E)


question:
the crime charged. If the evidence is cumulative, the trial court should more closely scrutinize its prejudicial effect. If the evidence is necessary to prove an element of the charge, the trial judge may have erred in not sustaining the defendant’s motion for a directed verdict of acquittal. Moreover, a defendant may have a valid objection, under federal rule 611(b), that the government’s cross-examination exceeds the scope of the direct. These added considerations are necessary not only to limit the impact of rule 404(b) on rule 608(b), but also to limit the prejudicial effect of allowing the government to have the last say through evidence of a defendant’s prior misconduct. Smith Grading & Paving, 760 F.2d at 581; see also United States v. Horton, 847 F.2d 313, 324-25 (6th Cir.1988) (<HOLDING>). The purpose of Rule 608(b) is to prevent 
 Holding statements: (A) holding that proponent of 404b evidence must identify a proper 404b purpose for admission  that is at issue in  the case (B) holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt (C) holding that a new trial was the remedy for erroneous admission of rule 404b evidence (D) holding that rule 404b evidence is admissible in rebuttal (E) holding that admission of rule 404b evidence was proper
answer:
(D)


question:
measure”). Viewed in light of the primary, accepted definition of “somewhat,” the SPDs appropriately described the impact of the offset. Plaintiffs further argue that the 1996 Retirement Plan SPD was misleading because it did not disclose that the Secured Benefit Account would be calculated based on the value of the Account projected to normal retirement age. (Pis.’ Resp. to Defs.’ Mot. to Dismiss the Am. Compl. at 8-9.) They claim they were misled because the SPD would be offset by the “value of [a participant’s] SBA balance” and did not disclose that the value of the Secured Benefit Account balance included interest through normal retirement age. (Id.) As discussed above, § 1022 does not require a summary plan description to go into this level of detail. See Stahl, 875 F.2d at 1408 (<HOLDING>). In any event, the 1996 SPD contains more than 
 Holding statements: (A) holding that a plan provision stating that the summary plan description and summaries of material modifications  are hereby incorporated by reference and constitute a part of the plan acted to incorporate into the plan a limitations provision found only in the summary plan description (B) holding that a summary plan description need only provide information about the general circumstances in which benefits could be lost (C) holding that even though the summary plan description did not include discretionary language the grant of discretionary authority in the plan controlled (D) holding that making intentional representations about the future of plan benefits may be an act of plan administration (E) holding that an spd need only be specific enough to enable ordinary employee to sense when there is a danger that benefits could be lost or diminished
answer:

(B)