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.

Ex Input:
Athletic Ass’n, 980 F.2d 382, 386-87 (6th Cir.1992). The district court below also acknowledged this interest as a substantial one. TSSAA’s other two justifications, however, are very much in dispute. Brentwood, for example, argues that there is no support in the record for the proposition that student athletes need protection from exploitation. The district court agreed. It concluded that TSSAA offered no proof that exerting undue influence on middle school athletes to recruit them for athletic purposes actually harms those students. Proof of actual harm, however, is not required in order to recognize a state actor’s interest in preventing reasonably anticipated harm. See Watchtower Bible & Tract Soc’y of N.Y., Inc. v. Village of Stratton, Ohio, 240 F.3d 553, 565-66 (6th Cir.2001) (<HOLDING>). Finally, TSSAA’s newly asserted interest in a 
 Holding statements: (A) holding that the village could regulate doortodoor solicitation based on a fear of an anticipated harm without proof of actual harm (B) holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer (C) recognizing  1951 includes fear of economic harm (D) holding that because persecution cannot be based on a fear of psychological harm alone petitioner was ineligible for withholding of removal based on the psychological harm she would suffer if her us citizen daughter were to undergo fgm (E) holding that an essential element of a claim of legal malpractice pursued under either a contract or trespass theory is proof of actual loss rather than breach of a professional duty causing only nominal damages speculative harm or the threat of future harm

Ex Output:
(A)


Ex Input:
any meaning at all, I do not think that [the defendant’s statement that he had a .357 magnum and that no one would get hurt if she put the money in the bag] can reasonably be said to constitute an ‘express threat of death,’ U.S.S.G. § 2B3.1(b)(2)(F). What was conveyed here was, at most, an implicit threat of serious bodily injury or death.”). We agree with the reasoning of the Eleventh Circuit, and views of Judges Easterbrook and Arnold that to satisfy the qualifier “express,” a defendant’s statement must distinctly and directly indicate that the defendant intends to kill or otherwise cause the death of the victim. Because four of the five examples in Application Note 6 do not, they are not controlling. See Stinson v. United States, 508 U.S. 36, 113 S.Ct. 1913, 123 L.Ed.2d 598 (1993)(<HOLDING>). Similarly, reliance on the commentary’s 
 Holding statements: (A) holding that commentary in sentencing guidelines that interprets or explains a guideline is authoritative unless it violates the constitution or a federal statute or unless it is plainly erroneous or inconsistent with the guideline it interprets (B) recognizing the guidelines commentary is authoritative (C) holding that sentencing guidelines commentary must be given controlling weight unless it violates the constitution or a federal statute or is plainly inconsistent with the guidelines itself (D) holding that guidelines commentary is generally authoritative (E) holding that where the commentary to a guideline is at odds with another provision of the guidelines the guideline prevails

Ex Output:
(A)


Ex Input:
to the federal district court, see 28 U.S.C. §§ 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a “fire code official” under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants’ motion and dismissed Preston’s case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston’s appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927 
 Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc  7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte

Ex Output:

(E)