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.

[Q]: 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
[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

[Q]: the only issues to be determined by the reviewing court were whether the Commission acted within the scope of its authority and whether the order complained of is reasonable and not arbitrarily made. See, In re Proposed Amend. to Title 291, 264 Neb. 298, 646 N.W.2d 650 (2002); In re Application of E. Neb. Non-stock Trucking Coop, 243 Neb. 662, 501 N.W.2d 712 (1993). The district court should have addressed those issues in this case. We do so here. The fact that 75-110 gives the Commission authority to adopt and promulgate rules and regulations which it "deems necessary to regulate persons within the commission's jurisdiction" does not require the Commission to exercise such authority in any given instance. See In re Application No. C-1889, 264 Neb. 167, 647 N.W.2d 45 (2002) (<HOLDING>). Under 84-907.08, the Commission could
Holding statements: (A) holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate (B) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure (C) holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement (D) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (E) recognizing that commission is not bound by statutory or common law rules of evidence
[A]: holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate

[Q]: together, the Sixth Amendment and the due process clause of the Fourteenth Amendment to the United States Constitution "entitle a criminal defendant to a 'jury determination that [he] is guilty of every element of the crime with which he is charged, beyond a reasonable doubt.' " Apprendi v. New Jersey, 530 U.S. 466, 477, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000) (alteration in original) (quoting United States v. Gaudin, 515 federal constitutional rule: This court has repeatedly . . . held that Apprendi and its progeny do not require the State to submit a defendant's prior convictions to a jury and prove them beyond a reasonable doubt. State v. Thiefault, 160 Wn.2d 409, 418, 158 P.3d 580 (2007) (citation omitted); see also State v. Roswell, 165 Wn.2d 186, 193 n.5, 196 P.3d 705 (2008) (<HOLDING>). Until such time as our Supreme Court
Holding statements: (A) holding that apprendi carved out an exception for prior convictions that specifically preserved the holding of almendareztorres (B) holding that almendareztorres rejected the argument that the fact of a prior conviction must be found by a jury (C) recognizing exception carved out by almendareztorres (D) recognizing the prior conviction exception of almendareztorres (E) recognizing exception
[A]:
holding that apprendi carved out an exception for prior convictions that specifically preserved the holding of almendareztorres