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.

from this guard which, in combination, may suggest an ethnicity or national origin-based animosity predating the August incident. In light of these combined facts, a jury could reasonably conclude that Plaintiff was, in fact, selected either as the target, or at least the "subject," of the call precisely because of his known ethnicity or national origin. As noted in the Report, it has long been settled that "[prisoners are protected under the Equal Protection Clause ... from invidious discrimination." Report at 57 (citing Wolff v. McDonnell, 418 U.S. 539, 556, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974)). These rights, extend, for example, to claims based on denial of a right to participate in specific prison work assignments based on race. LaBounty v. Adler, 933 F.2d 121, 123 (2d Cir.1991) (<HOLDING>). In a recent decision, a district court relied
Holding statements: (A) holding that prison conditions are those aspects of prison life affecting the entire prison population (B) holding a prisoner has no constitutional right to a job in prison (C) holding that a prisoner has no constitutionallybased liberty interest in a particular prison classification because an inmate is not entitled to a particular degree of liberty in prison (D) holding that an inmate has no right to any particular prison job but prison officials cannot discriminate against him on the basis of his race in work assignments (E) holding that an inmate has a first amendment right to file grievances against prison officials
holding that prison conditions are those aspects of prison life affecting the entire prison population

WTT Project area as defined by the Corps. NEF contends that we need not consider the State's argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. "Rule 59(e) motions are 'aimed at reconsideration, not initial consideration.' " FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant's argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts
Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
holding that the appellant waived an argument listed only in his summary of the argument

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