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: of whether the images on the site constituted child pornography, the receipt shows Shiver's familiarity with making commercial transactions for pornographic images on the Internet. The government also presented evidence specifically showing that the image of one child in particular had been produced in North Carolina. That the latter image ended up on Shiver's computer in Florida strongly suggests that it traveled in interstate commerce. We likewise reject Shiver's contention that the government's evidence was insufficient to support the jury's conclusion that he "knowingly possessed" the images of child pornography on his computer. Although we have interpreted the meaning of "knowing possession" in other contexts, see, e.g., United States v. Glover, 431 F.3d 744, 748 (11th Cir.2005) (<HOLDING>) (quotation omitted), we have not yet had
Holding statements: (A) holding that the phrase possession or custody in 5225b requires actual and not merely constructive possession (B) holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved (C) recognizing theory of constructive possession (D) holding that constructive possession need not be exclusive but may be shared by others (E) holding that k no wing possession can be demonstrated by proof of either actual or constructive possession

Answer: holding that the phrase possession or custody in 5225b requires actual and not merely constructive possession

Question: *3 (E.D.Pa. Feb. 16, 2005) (same). This court finds that transfers of Title VII actions are thus governed by the well-settled public and private factors relevant to section 1404(a) analysis. See Decker Coal Co., 805 F.2d at 843. However, plaintiffs are correct that the special venue provision must influence the contours of section 1404(a) analysis. The factors expressly identified as a basis for venue under Title VII the location of the discriminatory act or decision, the location of relevant employment records, and the location where a plaintiff would have worked but for the unlawful employment practice should therefore be key factors in analyzing the "interests of justice" prong of section 1404(a) analysis. See In re Horseshoe Entertainment, 337 F.3d 429, 434 (5th Cir.2003) (<HOLDING>). In addition, a plaintiffs choice of forum is
Holding statements: (A) holding that the conduct complained of must be an unlawful employment practice under title vii (B) holding that a claim for discrimination in private employment is not preempted by title vii (C) holding that location of relevant employment records should be given significance because it was expressly stated in the title vii venue provision (D) holding that plaintiffs claims under 42 usc 1981 are also governed by the special venue provision of title vii (E) recognizing title vii does not provide the exclusive remedy for all employment discrimination claims even if the title vii and section 1983 claim factually overlap

Answer:
holding that the conduct complained of must be an unlawful employment practice under title vii