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.
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Question: 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

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


Question: farmer-brewer, importer or wholesaler. If the legislature intended the obligation to run with the product, it would have said it.” Heublein, 434 Mass. at 698 (approving Commission declaration to this effect) (citations and quotations omitted). It is thus the general rule that “a supplier is not obligated under Section 25E to continue to make sales to those wholesalers with whom an unaffiliated predecessor did business.” Brown-Forman, 65 Mass.App.Ct. at 499. This principle has been applied consistently in the few reported decisions by Massachusetts courts, confirming that purchasers of liquor businesses are not ordinarily saddled with the Section 25E restrictions of either their sellers or those through whom their sellers distributed product. See, e.g., Heublein, 434 Mass. at 701-02 (<HOLDING>); Pastene Wine & Spirits, 401 Mass. at 619 
 Holding statements: (A) holding that supplier who acquired all assets and operations related to manufacture and sale of prod uct in armslength transaction did not succeed to predecessor suppliers section 25e obligations a former suppliers obligations under section 25e to continue to sell its product to its wholesalers is not imputed to a successor supplier who obtains ownership of the product through an arms length asset acquisition (B) holding a successor corporation does not have a postsale duty to warn of product defects where the successor never succeeded to any service contracts was not aware of the products defects and did not know the location of the product at the time of plaintiffs injury (C) holding that a successor corporation had a duty to arbitrate the extent of its obligations under its predecessors cba because there was substantial continuity in the business enterprise (D) holding that section 388 of the restatement does not require the supplier to give information concerning available means for amelioration of obvious dangers even though the supplier is aware of those means and the party to whom the chattel is supplied is not (E) holding that where electricity supplier had its employees on construction site from time to time in connection with supplying temporary electricity any knowledge suppliers employees had of building construction was incidental to supplying electricity thus construction worker who was injured when he contacted live highvoltage electrical transmission lines wholly failed to establish any reason why electricity supplier should have foreseen injury and no duty arises to act to prevent such unanticipated injury

Answer: holding a successor corporation does not have a postsale duty to warn of product defects where the successor never succeeded to any service contracts was not aware of the products defects and did not know the location of the product at the time of plaintiffs injury


Question: and directly connected to the offense, under the facts of the case taken as a whole. For example, if the defendant engaged in several acts of mailing threatening letters to the same victim over a period of years (including acts that occurred prior to the offense), then for purposes of determining whether subseetion[ ](b)(l) ... [applies], the court shall consider only those prior acts of threatening the victim that have a substantial and direct connection to the offense. U.S. Sentencing Guidelines Manual § 2A6.1(b)(l), cmt. n. 2. The pivotal inquiry when determining the appropriateness of a § 2A6.1(b)(l) enhancement is whether the defendant intended to carry out the threat, and the likelihood that he would actually do so. United States v. Gary, 18 F.3d 1123, 1127-28 (4th Cir.1994) (<HOLDING>). Accordingly, essential to the determination 
 Holding statements: (A) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (B) holding that any acts that evidence an intent to carry out the threats may form the basis for a  2a61bl enhancement (C) holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation (D) holding that unrebutted evidence can and should form the basis for summary judgment (E) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial

Answer:
holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute