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: 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

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


Question: two for support). The fallacy of this position is that it confuses and commingles two conflicting strands of case law which follow opposing judicial routes. As noted above, in every case cited by the majority in footnote two, the fruits of a search were deemed admissible only after the search was found to be constitutional, i.e., distinctions as to admissibility of the fruits of a particular search against the consenting occupant and the nonconsenting occupant were never drawn. There is no authority for the majority’s proposition that the fruits of an unconstitutional search should be admitted into evidence. Indeed such a proposition violates one of the founding principles of the Fourth Amendment. See Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) (<HOLDING>). Most commentators also agree failure to 
 Holding statements: (A) holding that evidence obtained by improper search or seizure is inadmissible (B) holding that the physical fruits of a miranda violation must be suppressed (C) holding that evidence resulting from an unconstitutional search or seizure must be suppressed (D) holding that regardless of the applicable framework defendants statement must be suppressed (E) holding that the evidence obtained as part of an illegal stop should have been suppressed even where the defendants consented to the search

Answer: holding that evidence obtained by improper search or seizure is inadmissible


Question: not violate Glenn’s Fourth Amendment rights. See Matlock, 415 U.S. at 171, 94 S.Ct. at 993 (“Permission to search [may be] obtained from a third party who possesses] common authority over or other sufficient relationship to the premises or effects sought to be inspected.”). However, I must part company with the majority with respect to whether the grandfather’s consent to the search of Ms home also vested the officers with the authority to open and search Glenn’s backpack. See Randolph, 126 S.Ct. at 1522 (noting, for example, that, “when it comes to searching through bureau drawers, there will be instances in wMch even a person clearly belonging on the premises as an occupant may lack any perceived authority to consent”); United States v. Karo, 468 U.S. 705, 725, 104 S.Ct. Cir. 1977) (<HOLDING>); see also Florida v. Jimeno, 500 U.S. 248, 
 Holding statements: (A) holding that a mother had apparent authority to consent to a search of her adult sons bedroom including a closed vinyl bag found in the bedroom (B) holding that a defendants sister could consent to a search of only the common areas of their shared house and her own bedroom and explicitly stating that the sister could not consent to search the defendants bedroom because the defendant had a reasonable expectation of privacy in her own bedroom (C) holding that appellants father had authority to consent to search of defendants bedroom where house defendant lived in was owned by his parents room was not locked and defen dants family was not denied access to bedroom (D) holding that child cannot consent to search of parents bedroom (E) holding that a woman can consent to a search of a bedroom shared by herself and the man she lived with including the closet

Answer:
holding that a mother had apparent authority to consent to a search of her adult sons bedroom including a closed vinyl bag found in the bedroom