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.

Ex Input:
without including a message of their own. “[T]here are commonsense differences between speech that does no more than propose a commercial transaction and other varieties.” Va. State Bd. of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 U.S. 748, 771 n. 24, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976) (quotations and citation omitted). Common sense dictates that the use of images of Plaintiff Bosley to sell video tapes, website memberships, or defendants’ other wares, at most, constitute commercial speech. The Supreme Court has noted that “advertising which ‘links a product to a cur rent public debate’ is not thereby entitled to the constitutional protection afforded noncommercial speech.” Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 67-68, 103 S.Ct. 2875, 77 L.Ed.2d 469 (1983) (<HOLDING>) “Thus, it seems that the Supreme Court will 
 Holding statements: (A) holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine (B) holding that information pamphlets are properly characterized as commercial speech (C) holding that first amendment protections apply to compelled speech as well as restrictions on speech (D) recognizing that noncommercial speech is accorded greater protection under the first amendment than is commercial speech and striking down ordinance that imposed a greater restriction on political than on commercial billboards (E) recognizing that code is speech

Ex Output:
holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine


Ex Input:
opportunity to be heard on the issue ofrepayment of unemployment benefits. {32} The Minnesota Court of Appeals considered a due pr e Court of Appeals of Minnesota that distinguish Schulte where the Court ultimately held that there was no constitutional violation when the employee did participate in the hearing. See Comm ’r of Nat. Res. v. Nicollet Cty.Pub. Water/Wetlands Hearings Unit, 633 N.W.2d 25, 30 (Minn. Ct. App. 2001) (affirming an appellate denial of the appellant’s due process claim based on constitutionally valid notice of the hearing because the appellant knew the potential consequences of a reversal of the initial decision and participated in the appeal with counsel); see also Aubin v. Family Dollar, Inc., No. A14-0483, 2014 WL 6724937, at *4-5 (Minn. Ct. App. Dec. 1, 2014) (<HOLDING>); Koch v. Sheldahl, No. A03-1562, 2004 WL 
 Holding statements: (A) holding that sentencing court did not violate defendants due process rights when it reasonably refused to recall a witness for crossexamination (B) holding that it is not (C) holding that doctrine does not violate due process (D) holding that online system of appeals did not violate due process rights because it was not affirmatively misleading and it adequately explained the potential consequences of failing to file a timely appeal citations omitted (E) holding that on summary judgment a court may not disregard evidence merely because it serves the interests of the party introducing it citations omitted

Ex Output:
holding that sentencing court did not violate defendants due process rights when it reasonably refused to recall a witness for crossexamination


Ex Input:
Landgraf, 511 U.S. at-, 114 S.Ct. at 1505. The plaintiffs contend that FIRREA does not expressly state that it applies retroactively. Therefore, because it imposes new duties and affects the plaintiffs’ vested pension rights which arose in 1987, it cannot be applied retroactively to require them to follow an administrative claim procedure and now bar jurisdiction over their claims. The court agrees that FIRREA does not contain an express retroactivity provision. However, this does not require the court to find that the claims bar provision cannot apply to pension benefits which vested prior to FIR-REA’s enactment. The Ninth Circuit has had occasion to address the question of whether FIRREA applies retroactively. See Murphy v. F.D.I.C., 38 F.3d 1490, 1501 (9th Cir.1994) (en banc) (<HOLDING>); F.D.I.C. v. New Hampshire, 953 F.2d 478, 486 
 Holding statements: (A) holding that because apprendi does not apply retroactively neither does blakely (B) holding that 12 usc  1821d9 does not apply retroactively (C) holding miranda decision does not apply retroactively (D) holding that apprendi does not apply retroactively (E) holding that  523a13 does not apply retroactively

Ex Output:

holding that because apprendi does not apply retroactively neither does blakely