instruction:
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.
question:
defense, or a development in the controlling law that foreclosed the claim. The record here betrays no significant change in circumstances prior to trial that reasonably should have caused the plaintiffs to conclude that their claims were no longer viable. In fact, the most notable development in the case prior to trial sent a contrary signal: the court denied the Mayor’s post-discovery summary judgment motion as to the plaintiffs’ central political discrimination claim. While the fact that a claim has survived summary judgment is not, on its own, “entitled to decretory significance,” Foster, 943 F.2d at 144, it has some value in determining whether a claim was or became unreasonable or without foundation. See id.; Walker v. NationsBank of Fla. N.A., 53 F.3d 1548, 1559 (11th Cir.1995) (<HOLDING>); Jensen v. Stangel, 762 F.2d 815, 818 (9th 
 Holding statements: (A) holding that district court abused its discretion in finding suit unreasonable and groundless where inter alia the court had denied two prior summary judgment motions (B) holding district court abused its discretion in admitting state court findings of fact (C) holding that the trial court grants or denies motions for summary judgment on the basis of what is contained in the motions for summary judgment and the responses thereto (D) holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint (E) holding district court did not abuse its discretion in ruling on summary judgment motion where inter alia plaintiff had been given repeated notices court intended to rule on motion and it was plaintiffs burden to rebut defendants evidence
answer:
(A)


question:
States v. Frechette, 583 F.3d 374, 379 (6th Cir. 2009) (concluding that “[ejvidence that an individual subscribed to child pornography web sites supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material” (quotation omitted)); United States v. Gourde, 440 F.3d 1065, 1070-72 (9th Cir. 2006) (en banc) (concluding that payment and registration for a subscription to child pornography website supported a probable cause determination); United States v. Wagers, 452 F.3d 534, 540 (6th Cir. 2006) (noting that “evidence that a person has visited or subscribed to websites containing child pornography supports the conclusion that he has likely downloaded, kept, and otherwise possessed the material”); United States v. Martin, 426 F.3d 68, 74-76 (2d Cir. 2005) (<HOLDING>); United States v. Bershchansky, 958 F. Supp. 
 Holding statements: (A) holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit (B) holding that probable cause existed to search the defendants residence because the warrant affidavit established probable cause that the defendant possessed stolen firearms and because people generally keep firearms at home or on their persons (C) holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made (D) holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant (E) holding that affidavit supported probable cause determination when the affidavit stated only that an occupant of defendants home subscribed to child pornography egroup
answer:
(E)


question:
interest in teaching students the boundaries of socially appropriate behavior.” Id. at 681, 106 S.Ct. 3159. Schools are not prevented by the First Amendment from encouraging the “fundamental values of ‘habits and manners of civility,’ ” id., by “insisting that certain modes of expression are inappropriate and subject to sanctions.” Id. at 683, 106 S.Ct. 3159. And “[t]he determination of what manner of speech ... is inappropriate properly rests with the school board.” Id. Accordingly, Fraser establishes an exception to Tinker’s disruption requirement. Under Fraser, the banned school speech need not meet Tinker ’s disruption requirement; rather, speech in school can be banned if it is lewd, vulgar, indecent, or plainly offensive. Id. at 685, 106 S.Ct. 3159; see also Saxe, 240 F.3d at 213 (<HOLDING>); Boroff v. Van Wert City Bd. of Ed., 220 F.3d 
 Holding statements: (A) holding that first amendment barred school from punishing student for vulgar myspace post concerning principal be cause it was offcampus speech (B) recognizing obscene and indecent have different meanings and indecent speech may be regulated under some circumstances without transgressing the first amendment (C) holding that university violated first amendment by expelling student for printing indecent newspaper despite student code prohibiting indecent conduct or speech (D) holding that under fraser there is no first amendment protection for lewd vulgar indecent and plainly offensive speech in school (E) recognizing school officials ability to act for the protection of minors from exposure to vulgar and offensive spoken language
answer:

(D)