instruction:
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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
and so require an interpretive step to determine the expressive elements of these processes. However, neither the Supreme Court nor our court has ever drawn a distinction between the process of creating a form of pure speech (such as writing or painting) and the product of these processes (the essay or the artwork) in terms of the First Amendment protection afforded. Although writing and painting can be reduced to their constituent acts, and thus described as conduct, we have not attempted to disconnect the end product from the act of creation. Thus, we have not drawn a hard line between the essays John Peter Zenger published and the act of setting the type. Cf. Minneapolis Star & Tribune Co. v. Minn. Comm’r of Revenue, 460 U.S. 575, 582, 103 S.Ct. 1365, 75 L.Ed.2d 295 (1983) (<HOLDING>). The process of expression through a medium 
 Holding statements: (A) holding that dating is a type of association protected by the first amendment (B) holding that private possession of child pornography is not protected by the first amendment (C) holding first amendment claim requires actual protected conduct (D) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (E) holding that a tax on ink and paper burdens rights protected by the first amendment
answer:
(E)


question:
not issue a permit to install” a waste disposal system unless that system “[m]eets all applicable county zoning and land use requirements .... ” Taken together, these provisions indicate a clear intent on the part of the General Assembly to locate environmental permitting with the MDE, and zoning with local government. There is no reasonable way to construe these provisions of the Maryland Code as doing anything other than complementing local government’s role in planning and zoning. If we held otherwise, we would be reading an over-broad preemptive intent into an otherwise clear statutory scheme. MRA’s preemption argument fails because it does not account for the dual nature of this process. See Ad + Soil, Inc. v. County Comm’rs of Queen Anne’s County, 307 Md. 307, 513 A.2d 893 (1986) (<HOLDING>). Preemption Based on Legislative Changes to 
 Holding statements: (A) holding that state court could regulate the practice of law in federal courts located in the state (B) holding that the relevant body of state law did indeed regulate many aspects of sewage sludge utilization but was not so comprehensive that the acceptance of the doctrine of preemption by occupation is compelled (C) holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption (D) recognizing that although there was no property in a dead body at common law  the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way (E) recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine
answer:
(B)


question:
limitations was equitably tolled fails because he did not raise this argument before the district court. See Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (<HOLDING>). Grace’s remaining contentions lack merit. 
 Holding statements: (A) holding that the burden to allege facts sufficient to establish jurisdiction resides with plaintiff (B) holding that the plaintiff bears the burden when relying on the discovery rule (C) recognizing the validity of the doctrine but holding no equitable tolling on the facts presented (D) holding that plaintiff bears the burden to timely allege facts supporting equitable tolling (E) holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction
answer:

(D)