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: for [her] employer! ] to operate efficiently and effectively.” Id. at 418-19, 126 S.Ct. 1951. The point of this inquiry, then, is “both to promote the individual and societal interests that are served when employees speak as citizens on matters of public concern and to respect the needs of government employers attempting to perform their im portant public functions.” Id. at 420, 126 S.Ct. 1951. With that premise as a backdrop, the Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.” Id. at 421, 126 S.Ct. 1951; see also Haynes v. City of Circleville, 474 F.3d 357, 364-65 (6th Cir.2007) (<HOLDING>). Thus, Garcetti and its Sixth Circuit progeny 
 Holding statements: (A) holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern (B) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (C) holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties (D) holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties (E) holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected

Answer: holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern


Question: search a premises, Weston, 67 M.J. at 393 (citing Matlock, 415 U.S. 164, 94 S.Ct. 988), I do not believe that case to be controlling. Matlock was arrested on the front lawn of the house, Matlock, 415 U.S. at 166, 94 S.Ct. 988, and placed in a nearby police car. Id. at 179, 94 S.Ct. 988 (Douglas, J., dissenting). The arresting officers subsequently approached the house, spoke with a resident who shared a bedroom with Matlock, and received permission to search that bedroom. Id. at 166, 94 S.Ct. 988. The police did not ask Matlock for his consent to search the bedroom, nor did he offer it. Id. The Supreme Court recognized the consent of the cotenant may be valid against a eotenant who has not objected. Id. at 170, 94 S.Ct. 988; see also Rodriguez, 497 U.S. at 179-80, 186, 110 S.Ct. 2793 (<HOLDING>). This case differs from Matlock and Rodriguez 
 Holding statements: (A) holding cotenants consent to search valid where rodriguez who was asleep inside the house was not asked for his consent if police reasonably believed the consenter possessed common authority over the premises (B) holding that the agents superficial and cursory questioning of the consenting party did not disclose sufficient information for the agent reasonably to believe that she had common authority over the premises and that further inquiry was required under rodriguez (C) holding that mother who was resident of house shared with adult daughter could give valid consent to search premises (D) holding that consent to search premises includes consent to search washing machine on those premises (E) holding that there is no violation of the fourth amendment when the government reasonably believed that the individual giving consent to the search had authority to do so

Answer: holding that the agents superficial and cursory questioning of the consenting party did not disclose sufficient information for the agent reasonably to believe that she had common authority over the premises and that further inquiry was required under rodriguez


Question: the interests of and pursue relief on behalf of an alleged victim in a criminal matter). We also conclude that J.W. fails to show the existence of a reasonable expectation that she will be subject to the same order compelling the gynecological examination again. Jason Wilson entered a guilty plea, and J.W. simply does not articulate why it would ever be necessary for the state court to order her to submit to another examination. Additionally, although J.W. maintains that the issues presented in her lawsuit will recur in West Virginia’s criminal justice system and continue to affect other victims of sex crimes, these concerns have no bearing on this case because it was not brought as a class action. Cf. Gerstein v. Pugh, 420 U.S. 103, 111 n. 11, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975) (<HOLDING>). Further, although J.W. makes note of the 
 Holding statements: (A) holding that the claims of the class representative and class members must be based on the same legal or remedial theory (B) holding that the mere existence of individualized factual questions with respect to the class representatives claim will not bar class certification (C) recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members (D) holding that it is error to certify class when named class representatives are not members of the class they purport to represent (E) holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint

Answer:
holding that the claims of the class representative and class members must be based on the same legal or remedial theory