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.

Input: Consider Input: a “public official,” places a great emphasis on two of the elements: (1) the statutory powers and duties of a position, and (2) whether that position exercised sovereign power. See, e.g., Spaulding, 102 Iowa at 649, 72 N.W. at 291 (concluding that the treasurer of the commissioners of pharmacy was not a public officer because the position of treasurer “was a creation of the commission ... and at all times subject absolutely to their control”); McKinley, 228 Iowa at 1189-91, 293 N.W. at 451 (concluding that county engineer was an “official” because he furnished a bond and took an oath of office; but more importantly because several statutes defining the powers and duties of the county engineer delegated certain sovereign powers to that position); Whitney, 232 Iowa at 71, 4 N.W.2d at 398 (<HOLDING>); Hutton, 235 Iowa at 56, 16 N.W.2d at 20 
 Holding statements: (A) holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment (B) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (C) holding that a schoolteacher elected by the school board was an employee not an official and therefore entitled to benefits under the workers compensation act (D) holding that a schoolteacher elected by the school board was not an official because she was not required to give bond or take an oath none of the statutes impose upon her the exercise of discretion in any way they delegate no sovereign power to her (E) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment

Output: holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment


Input: Consider Input: face,” id. at 61, 90 S.Ct. 1555, it held that the exception for any portrayal that “does not tend to discredit [the] armed force[s]” impermissibly restricted expression on the basis of viewpoint. See id. at 62-63, 90 S.Ct. 1555. Here, as in Schacht, defendants may be constitutionally permitted to prohibit all fraternal organizations from marching in uniform. But it does not follow from this premise that defendants have the seemingly lesser included authority to ban only some organizations from marching in uniform. Under Schacht, and under other Supreme Court cases involving selective prohibitions on expression, defendants’ selectivity must itself pass constitutional muster. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 425-28, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993) (<HOLDING>); Carey v. Brown, 447 U.S. 455, 465, 100 S.Ct. 
 Holding statements: (A) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if  the city might entirely prohibit the use of newsracks on public property (B) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (C) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property (D) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (E) holding not only does cincinnatis categorical ban on commercial newsracks place too much importance on the distinction between commercial and noncommercial speech but in this case the distinction bears no relationship whatsoever to the particular interests that the city has asserted

Output: holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content


Input: Consider Input: project). Finally, Morgan Keegan’s allegations fail to show that the municipality would have obtained any profit or benefit from the construction of this facility, except for job creation and other economic stimulation. In fact, any payments Defendants received as a result of this project were to be used to repay bondholders. [Doc. # 25-2 at 326-27]. Consequently, this case is distinguishable from those cases cited by Morgan Keegan in which the municipality actually operated a business for profit. Cf. Junior Coll. Dist. of St. Louis, 149 S.W.3d at 448 (“[W]hen a municipality is in the business of selling water to customers for profit or revenue, it is engaged in a proprietary function.”); Pierson v. Cumberland Cnty. Civic Ctr. Comm’n, 141 N.C.App. 628, 540 S.E.2d 810, 813-14 (2000) (<HOLDING>); Susla v. State, 311 Minn. 166, 247 N.W.2d 
 Holding statements: (A) holding that the percentage of minority faculty need not approximate the percentage of minority students (B) holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation (C) holding that the fee applicant bears the burden of showing that  an adjustment is necessary to the determination of a reasonable fee  (D) holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied (E) holding that the leasing of an event center was proprietary where the public entity charged each promoter a fee for leasing the facility and received a percentage of the total ticket sales


Output: holding that the percentage of minority faculty need not approximate the percentage of minority students