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: 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

Answer: 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

Question: CURIAM. Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(<HOLDING>). Accordingly, we reverse the convictions and
Holding statements: (A) holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review (B) holdingthat because the evidence of the defendants guilt was overwhelming the courts failure to give a requested charge on impeachment constituted harmless error (C) holding that a trial court errs when it fails to give a limiting instruction properly requested by a party (D) holding that failure to give a limiting instruction for 404b evidence is not plain error (E) holding that failure to give a properly requested chicone instruction cannot be harmless error

Answer: holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review

Question: in a foreign nation where only quasi-sovereign interests are at stake." DeCoster, 229 F.3d at 336. Notwithstanding this Circuit's precedent, the provincial plaintiffs argue that they may bring their claims in a parens patriae capacity because they are provinces, not foreign nations. This distinction is of little consequence, however. The federalism concerns implicated by the relationship between the U.S. States and the U.S. federal government do not exist between foreign provinces and the U.S. federal government. The provinces, as political subdivisions of Ecuador, do not claim and have not shown that they have conceded any of their sovereignty to the U.S. government. See, e.g., State of Sao Paulo of the Federative Republic of Brazil v. Am. Tobacco Co., 919 A.2d 1116, 1122 (Del. 2007) (<HOLDING>). Moreover, "the theoretical underpinning of
Holding statements: (A) holding that the united states was a statutory employer under puerto rico law (B) holding that injured consumers for whom the state sought restitution were not real parties in the states parens patriae suit (C) holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states (D) holding that the republic of panama and state of sao paulo brazil did not have parens patriae standing to bring suit on behalf of their citizens in part because they had retained the full array of sovereign rights that the american states and puerto rico had ceded to the united states government (E) holding united states government is immune from rico suit

Answer:
holding that the united states was a statutory employer under puerto rico law