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.

Q: 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

A: holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content
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Q: 616.8. Like our general venue statute, section 616.8, known as our common carrier statute, has also remained virtually unchanged for over a century. Compare Iowa Code § 2582 (1873), with Iowa Code § 616.8 (2001). It provides: An action may be brought against any railway corporation, the owner of stages, or other line of coaches or cars, express, canal, steamboat and other river crafts, telegraph and telephone companies ... in any county through which such road or line passes or is operated. Iowa Code § 616.8. Although not expressly mentioned, we have held that semi-trucks carrying freight on a fixed schedule over a regular route with fixed termini constitute a “line of ... cars” for purposes of the statute. Bruce Transfer Co. v. Johnston, 227 Iowa 50, 52-55, 287 N.W. 278, 278-81 (1939) (<HOLDING>). The Richards contend section 616.8, like 
 Holding statements: (A) holding that the court assumes the legislature acquiesced in our interpretation of the language because the legislature had not amended the language (B) holding that when the legislature enacts a statute it is presumed that the legislature is aware of existing statutes (C) holding the fact legislature could not have foreseen rise of semitrucks when it enacted common carrier statute in the nineteenth century did not foreclose an interpretation that would effectuate its intent (D) holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it (E) holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier

A: holding that the court assumes the legislature acquiesced in our interpretation of the language because the legislature had not amended the language
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Q: 490, 493 (Tex.App.-El Paso 1999, pet. denied). Although the nonmov-ant is not required to “needlessly duplicate evidence already found in the court’s file,” he is required to make sure the evidence is properly before the trial court for its consideration in ruling on the motion for summary judgment. Saenz, 999 S.W.2d at 494. “[A] nonmovant does not meet this requirement by the mere existence in the court’s file of a response to an earlier summary judgment motion.” Id. Because the affidavit dated July 28, 2004 was neither attached to or referenced in the response to the no-evidence summary judgment, it was not before the trial court when it granted the motion and this Court will not consider it. See also Trejo v. Laredo Nat. Bank, 185 S.W.3d 43, 49 (Tex.App.-San Antonio 2005, no pet.)(<HOLDING>). The only documents specifically referenced in 
 Holding statements: (A) holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing (B) holding that defendant cannot raise the statute of limitations defense in a noevidence summary judgment motion which otherwise shifts the evidentiary burden (C) recognizing the court must grant a noevidence motion if the evidence establishes conclusively the opposite of the vital fact (D) holding photographs attached to a response to second noevidence summary judgment motion were not before court when it ruled on first noevidence motion (E) holding that evidence attached to noevidence motion shall not be considered but motion should not be disregarded or treated as traditional motion

A:
holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing
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