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:
on CRiminal Justice, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). In 1997, the legislature amended the child pornography statute to eliminate a loophole in the existing statute that impeded prosecution of individuals for possession or promotion of child pornography depicted or distributed by computer. Id.; House Comm, on CRiminal JURISPRUDENCE, Bill Analysis, Tex. S.B. 674, 75th Leg., R.S. (1997). There is nothing in these materials to suggest that the legislature intended to prohibit anything other than pornography depicting actual children. Therefore, we conclude that the Texas child pornography statute prohibits only the possession of visual materials depicting real children. Because the Texas statute only prohibits pornography depicting actual children, the sta App.1991) (<HOLDING>). Appellant also contends that the statute is
Holding statements: (A) holding twentyeight charges against defendant for possession of child pornography were not multiplicious (B) holding that private possession of child pornography is not protected by the first amendment (C) holding that possession of marijuana is not protected by the free exercise clause of the first amendment (D) holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute (E) recognizing continuing harm from defendants knowing possession of child pornography
answer:
(B)

question:
Over Plaintiffs' Refund Claim. The June 4, 2009 Second Amended Complaint also could be construed as alleging a claim for tax refund, because Plaintiffs request the return of taxes that they allegedly paid. Sec. Am. Compl. at 1-2. The court, however, does not have jurisdiction over this claim, because Plaintiffs have failed to pay the taxes owed in full. 26 U.S.C. 6511(a). Plaintiffs insist that they fully paid the taxes in intiffs' Takings Claim. Although Plaintiffs also argue the court has jurisdiction "as described in 28 U.S.C. 1491, for a claim for just compensation for the taking of property [ ] by the government," as a matter of law, tax collection is not a cognizable taking under the Fifth Amendment. U.S. Shoe Corp. v. United States, 296 F.3d 1378, 1383 (Fed.Cir.2002) (<HOLDING>). As the United States Court of Federal Claims
Holding statements: (A) holding unemployment taxes accrued when employees were terminated not when the amount of compensation taxes are determinable (B) holding that taxes are not private property that can be physically taken by the government (C) holding that taxes were a claim against the estate that had to be filed in probate court thus reversing an order requiring heirs to pay taxes on estate property because the district court did not have jurisdiction (D) holding that when federal government acquires property through condemnation it must account for state and local property taxes interest and penalties (E) holding petitioner could not deduct real estate taxes imposed on property he did not own because these taxes were not imposed on him
answer:
(B)

question:
by pointing to several places in the NEPA documents which address and discuss the Clancy-Unionville project. Plaintiffs also contend the Telegraph Project was inadequately addressed in the Project's cumulative effects analysis, but it is undisputed that the Telegraph Project was considered at some level and Defendants point to several places in the NEPA documents where the Telegraph Project is addressed and analyzed. Plaintiffs also fail to persuade that an unnamed, potential project, the size and specifics of which are apparently unknown, was required to be included in the cumulative effects analysis. This unnamed project had not yet been proposed when the Project was authorized. See Environmental Protection Information Center v. U.S. Forest Service, 451 F.3d 1005, 1014 (9th Cir.2006) (<HOLDING>). Without addressing each and every one of
Holding statements: (A) holding that an ea prepared by an agency in that case was not the functional equivalent of an eis (B) holding environmental assessment ea inadequate where ea contained virtually no reference to any material in support of or in opposition to its conclusions deficiency not cured by support contained in administrative record (C) holding that nsf must comply with procedural requirements of nepa when considering incineration of food waste in antarctica because 1 the presumption against extraterritoriality does not apply because nepa is designed to regulate conduct occurring within the territory of the united states 2 the united states exercises legislative control over antarctica 3 any concerns about nepa interference with foreign policy were overstated because when foreign policy interests outweighed benefits of nepa compliance nepas requirements must yield and 4 broad language of the statute supports broad application of nepa requirements (D) holding that materiality analysis turns on the cumulative effect of the suppressed evidence not an itembyitem analysis (E) holding that usfs did not violate nepa by failing to include project in cumulative effects analysis when parameters of the project were unknown at the time of the ea
answer:
(E)