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: small pieces of the Walkway, or access to the Walkway, built upon it. See Def.-Int. Reply at p. 14 (noting that the second of two issues remaining for the Court to decide, given that the public trust doctrine gov erns a large portion of the land at issue, is "whether the state acted rationally in determining that access across the perpendicular paths and scattered small portions of the Walkway constructed on uplands is 'reasonably necessary' to protect that public's right of access to the remaining 88.7 percent of the Walkway that is situated on tidelands"). Plaintiffs' taking claims with respect to this small portion of the property at issue are governed by the reasonableness test enunciated in Matthews. See Matthews v. Bay Head Improvement Ass'n, 95 N.J. 306, 326, 471 A.2d 355 (1984) (<HOLDING>), cert. denied, 469 U.S. 821, 105 S.Ct. 93, 83
Holding statements: (A) holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act of the public or public official asserted the use to be exercised as a matter of right rather than privilege (B) holding that in order to exercise its rights under the public trust doctrine the public must be given both access to and use of privatelyowned dry sand areas as reasonably necessary (C) holding that the borough of deals dedication of a portion of a beach for use by its residents only was immaterial given the public trust doctrines requirement that the public be afforded the right to enjoy all dry sand beaches owned by a municipality (D) holding that under the public standing doctrine it is only necessary that the relator shall be a citizen and as such interested in the execution of the laws (E) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

Answer: holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act of the public or public official asserted the use to be exercised as a matter of right rather than privilege

Question: face," id. at 61, 90 S.Ct. 1555, it held that the exception for any portrayal that "does not tend to discredit [the] armed force[s]" impermissibly restricted expression on the basis of viewpoint. See id. at 62-63, 90 S.Ct. 1555. Here, as in Schacht, defendants may be constitutionally permitted to prohibit all fraternal organizations from marching in uniform. But it does not follow from this premise that defendants have the seemingly lesser included authority to ban only some organizations from marching in uniform. Under Schacht, and under other Supreme Court cases involving selective prohibitions on expression, defendants' selectivity must itself pass constitutional muster. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 425-28, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993) (<HOLDING>); Carey v. Brown, 447 U.S. 455, 465, 100 S.Ct.
Holding statements: (A) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if the city might entirely prohibit the use of newsracks on public property (B) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (C) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property (D) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (E) holding not only does cincinnatis categorical ban on commercial newsracks place too much importance on the distinction between commercial and noncommercial speech but in this case the distinction bears no relationship whatsoever to the particular interests that the city has asserted

Answer: holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content

Question: scheme, an Oklahoma capital sentencing jury's finding of any particular aggravating circumstance does not of itself "convict" a defendant and require the death penalty, and its failure to find any particular aggravating circumstance does not "acquit" a defendant and preclude the death penalty. 20 . The dissent acknowledges that Hogan can prevail only if this Court declines to follow Poland. 21 . The dissent misconstrues our holdings in Crawford v. State, 1992 OK CR 62, 840 P.2d 627, 640-41, Cheney v. State, 1995 OK CR 72, 909 P.2d 74, and Perry v. State, 1995 OK CR 20, 893 P.2d 521, 533-37, and misunderstands the Satta-zahn distinction between a jury's non-finding of an aggravating circumstance and an acquittal on the merits of murder plus aggravating circumstances th 556 (2002) (<HOLDING>). Hogan's aggravators were tried to a jury, not
Holding statements: (A) holding that if the existence of any fact increases the maximum punishment that may be imposed on a defendant that fact constitutes an element that must be found by a jury beyond a reasonable doubt (B) holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt (C) holding that under the sixth amendment any fact which increases the penalty for a crime eg by triggering a mandatory minimum sentence must be found by the jury beyond a reasonable doubt (D) holding that sixth amendment requires that a jury not a judge find the existence of any aggravating circumstance and that they be found beyond a reasonable doubt (E) holding that a sentencing judge sitting without a jury may not find an aggravating circumstance necessary for imposition of the death penalty

Answer:
holding that if the existence of any fact increases the maximum punishment that may be imposed on a defendant that fact constitutes an element that must be found by a jury beyond a reasonable doubt