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.

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

Example Input: from the OSHA inspection after this incident were for repeat offenses, the repeat offense that appears pertinent to this ease was the failure to mark a container of hazardous chemicals so as to identify the chemical. The prior citation for such an offense is not in the record, and we are unable to determine whether the “repeat” aspect of the citation pertains only to the type of citation or to the particular location of the offending container. In any event, our supreme court has not yet held that OSHA citations are evidence that compels the conclusion that a coemployee was substantially certain that injury or death would occur. In fact, in two cases involving OSHA citations, the court has held that such citations would not support that finding. See Ex parte Martin, 733 So.2d at 396 (<HOLDING>), and Harris v. Simmons, 585 So.2d 906, 908 
 Holding statements: (A) holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury (B) holding postaccident citation not sufficient to support finding that coemployee was substantially certain that injury or death would occur (C) holding that preaccident citation would not support a finding that coemployees were substantially certain that injury or death would occur (D) holding evidence sufficient to support trial courts finding in aggravation that the offense was planned (E) holding governments position substantially justified where sufficient support existed in precedent
Example Output: holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury

Example Input: of Federal, State, or local law or requirements imposed for the protection of the environment. 6 . The Lead Agencies and Longhorn have argued that requiring the preparation of an EIS here would be a waste of time and resources, given the fact that the EA prepared here contains all the functional elements of an EIS. We find this argument persuasive. In Vieux Carre Property Owners Residents and Assoc's, Inc. v. Pierce, 719 F.2d 1272, 1282 (5th Cir. 1983), this court upheld the decision of an agency not to conduct an EIS where the “objectives reflected in the [fjinal [EA] and the procedures followed in its preparation were extremely thorough and resulted in a document much akin to a detailed environmental impact statement.” But see State of Louisiana v. Lee, 758 F.2d 1081 (5th Cir.1985) (<HOLDING>). Like the EA in Vieux Carre, the EA here- has 
 Holding statements: (A) holding eis must be prepared where monitoring and mitigation measures were uncertain (B) holding that there was no actual prejudice where the defendant has the functional equivalent of the notice required (C) holding that the rod and eis for a program were final agency action (D) holding that an ea prepared by an agency in that case was not the functional equivalent of an eis (E) holding that an order vacating an arbitration award and directing a rehearing is the functional equivalent of an order granting a new trial
Example Output:
holding eis must be prepared where monitoring and mitigation measures were uncertain