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.

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

court’s conclusion that the Jarvisons had a traditional ceremonial marriage under the Navajo Code. Moreover, because the Jarvi-sons had not completed the procedure under Navajo law to validate a traditional or common law marriage, the government argues that their marriage was invalid. In evaluating the government’s contentions, we observe that the district court could have produced a more robust order detailing its findings of fact and evidentia-ry basis similar to the detailed findings of fact and conclusions of law in Beller v. United States, 221 F.R.D. 679 (D.N.M.2003). Nonetheless, on our review of the record, we conclude that the evidence in the record is sufficient to establish a valid marriage between the Jarvisons. See United States v. Taylor, 97 F.3d 1360, 1364 (10th Cir.1996) (<HOLDING>). In this case, Esther testified to having 
 Holding statements: (A) holding that despite a trial courts failure to make specific factual findings an appellate court is free to affirm on any grounds for which there is sufficient record to permit conclusions of law (B) holding an appellate court is not limited to the grounds offered by the trial court in support of its decision and may affirm on any ground on which additional factual findings are not required (C) holding that an appellate court can affirm a district courts order on any basis for which there is a record sufficient to permit conclusions of law including grounds upon which the district court did not rely (D) holding this court may affirm on any grounds supported by the record even if different from the district courts grounds (E) holding that it is not an appellate courts function to make findings of fact
holding an appellate court is not limited to the grounds offered by the trial court in support of its decision and may affirm on any ground on which additional factual findings are not required

and sentences from the third remand. The district court denied that petition, and we affirmed. See Smith v. Coleman, 453 Fed.Appx. 625 (6th Cir.2011). 2 . Respondent’s argument that this petition should be reviewed under AEDPA's deferential standard because even though it was filed prior to a state court judgment, it was not considered until after a judgment had been rendered, is unavailing. What determines our standard of review is the nature of the claims raised and "the time [the petitioner] filed his petition,” Stow v. Murashige, 389 F.3d 880, 885 (9th Cir.2004) (alteration omitted), not the "present status of the case pending against him,” Dickerson v. Louisiana, 816 F.2d 220, 224 (5th Cir.1987); see also Jacobs v. McCaughtry, 251 F.3d 596, 597 (7th Cir.2001) (per curiam) (<HOLDING>). But see Jackson v. Coalter, 337 F.3d 74 (1st 
 Holding statements: (A) holding   2241 is the proper avenue by which to challenge pretrial detention (B) holding that a  2241 petitioners claim was not cognizable under  2241 and therefore the district court lacked jurisdiction (C) holding that defendant did not have standing to raise facial challenge to validity of aggravated assault statutes for their risk of creating double jeopardy grounds because he himself was not charged in way that created double jeopardy (D) holding that  2241 was the proper statute for the petitioners pretrial double jeopardy challenge (E) holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause

holding   2241 is the proper avenue by which to challenge pretrial detention