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.

No. 25. The‘government asserts that “defendants-were put on notice and consented to having their phone calls monitored, recorded and divulgéd,” citing DOC’s written policies on inmate phone calls, and thus have no legitimate expectation of privacy in the calls. Gov’t’s Reply at 5-6. The vast weight of authority supports the government’s position that, even assuming the defendants in this case subjectively believed that their calls were private, any such belief was unreasonable. See, e.g., Lanza v. New York, 370 U.S. 139, 143, 82 S.Ct. 1218, 8 L.Ed.2d 384 (1962) (in jail setting, “official surveillance has traditionally been the order of the day”); United States v. Shavers, 693 F.3d 363, 389-90 (3d Cir. 2012), vacated on other grounds, — U.S. —, 133 S.Ct. 2877, 186 L.Ed.2d 902 (2013) (<HOLDING>); United States v. Monghur, 588 F.3d 975, 
 Holding statements: (A) holding that the defendant had a reasonable expectation of privacy in a telephone booth (B) holding inmates and those with whom they converse have no objectively reasonable expectation of privacy in telephone conversations where inmates received a handbook alerting them that all telephone calls were recorded and were exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded (C) holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls (D) holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials (E) holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company
holding that the defendant had a reasonable expectation of privacy in a telephone booth

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

prone to settle. See Rose, 2014 WL 4273358, at *12 (“Class Counsel, for the most part, have a great deal of experience litigating TCPA class actions and presumably would ‘know how to pick a winner’ ‘[and]-.because the TCPA has the potential of ruinous financial liability ($500 or $1,500 per violation, and some defendants are accused of millions of violations), defendants will almost always settle if there is any merit at all to the case.”). In light of the particular circumstances of this case, the Court finds that the burden on counsel and risk of nonpayment do not support the benchmark fee award. The Ninth Circuit has also instructed district courts to - consider the lodestar cross-check as one factor in assessing the reasonableness of a fee request. See Vizcaino, 290 F.3d at 1050 (<HOLDING>); see also In re Bluetooth, 654 F.3d at 943 
 Holding statements: (A) holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation (B) holding that in determining the reasonableness of attorneys fees under federal fee shifting statutes courts may not enhance the fee award above the lodestar amount to compensate attorneys for assuming the risk of receiving no payment for their services if the lawsuit failed (C) holding that both the lodestar and the percentage of the fund methods are permitted (D) recognizing the lodestar may provide a useful perspective on the reasonableness of a given percentage award (E) recognizing a presumption of reasonableness

holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation