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:
in their Constitution, or from the Congress that the Constitution had empowered. We made a similar point in Nevada v. Hall, 440 U. S., at 416, where we considered a suit against a State in another State's courts: "This [traditional] explanation [of sovereign immunity] adequately supports the conclusion that no sovereign may be sued in its own courts without its consent, but it affords no support for a claim of immunity in another sovereign's courts. Such a claim necessarily implicates the power and authority of a second sovereign; its source must be found either in an agreement, express or implied, between the two sovereigns, or in the voluntary decision of the second to respect the dignity of the first as a matter of comity." Cf. United States v. Texas, 143 U. S. 621, 646 (1892) (<HOLDING>). Subjecting States to federal jurisdiction in
Holding statements: (A) holding that an action cannot be maintained under young in unique circumstances where the suit against the state officer affects an essential attribute of state sovereignty in a manner that the action must be understood as one against the state (B) holding a states regulation of wyoming national guard was insufficient to implicate a special sovereignty interest because of the dual federal and state nature of national guard service (C) recognizing that a suit by the national government against a state does no violence to the inherent nature of sovereignty (D) holding the governors emergency powers to take private property for the public benefit was a special sovereignty interest but the relief requested was not so much of a divestiture of the states sovereignty to render the suit as one against the state itself (E) holding a suit against an agency of the state is a suit against the state
answer:
(C)

question:
at 10 (citing Sanders v. City of Union Springs, 207 Fed.Appx. 960, 966 (11th Cir.2006); Byrd v. Clark, 783 F.2d 1002, 1007 (11th Cir.1986)). Plaintiffs have not, however, demonstrated that the law was "clearly established" that a law enforcement officer can be held liable under 1983 for failing to prevent another officer's unlawful search. "A Government official's conduct violates clearly established law when, at the time of the challenged conduct, '[t]he contours of [a] right [are] sufficie e a duty to intervene in unlawful searches when they are in a position to do so, it cannot be said that the Canine Handlers and Alma Officers violated clearly established law by failing to intervene in these particular circumstance. See, e.g., Jones v. Cannon, 174 F.3d 1271, 1286 (11th Cir.1999) (<HOLDING>). The facts alleged in this case are distinct
Holding statements: (A) holding that a police officer was not liable for use of excessive force since 951 requirements were satisfied (B) holding that an officer could be held liable for failing to intervene in preventing an unlawful strip search (C) holding that while case law generally indicates that an officer can be held liable for failing to intervene in another officers use of excessive force the absence of authority from the supreme court or the eleventh circuit dealing with similar circumstances supported granting qualified immunity to a defendant (D) holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim (E) holding that a military police officer was entitled to qualified immunity from an excessive force suit when he objectively reasonably believed that he used reasonable force
answer:
(C)