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.

Q: 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

A: (E)
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Q: Thus, CERC-LA specifically provides for a private right of action to institute civil actions to recover the costs involved in the cleanup of hazardous wastes from those responsible for their creation. Dedham Water Co. v. Cumberland Farms Dairy, Inc., 889 F.2d 1146, 1150 (1st Cir.1989); 3550 Stevens Creek Assocs. v. Barclays Bank of Cal., 915 F.2d 1355, 1357 (9th Cir.1990), cert. denied, 500 U.S. 917, 111 S.Ct. 2014, 114 L.Ed.2d 101 (1991). Moreover, an entity that is responsible for the remediation of a hazardous waste site under CERCLA may assert a claim for contribution against other responsible parties under 9613(f). New Castle County v. Halliburton NUS Corp., 111 F.3d 1116, 1122 (3d Cir.1997). See also SC Holdings, Inc. v. AAA Realty Co., 935 F.Supp. 1354, 1362 (D.N.J.1996)(<HOLDING>). In its reply papers, the Novak Group does not
Holding statements: (A) holding the michigan department of natural resources liable under cercla for remedial actions which exacerbated the contamination at a site (B) recognizing a right to contribution (C) holding that investigatory costs are considered costs of response under cercla (D) holding that parties liable for at least a portion of the costs of remediating a hazardous site are limited to the contribution scheme under section 9613f of cercla (E) holding that site control alone is an improper basis for imposition on lessees of owner liability under cercla

A: (D)
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Q: to distinguish the Fisher and Sweetman holdings by relying upon the importance that SDCL 31-2-34 played in their outcome. City claims that these holdings only apply to those instances where a subcontractor is suing the State, not to instances where a subcontractor is suing a municipality. This reliance is misplaced. The jurisdictional implications of SDCL 31-2-34 merely played a role in these holdings because the Eleventh Amendment to the United States Constitution, as well as Article III, Section 27 of the South Dakota Constitution, prohibit lawsuits against the State in the absence of an express abrogation of its sovereign immunity. The South Dakota Legislature has provided express abrogation of immunity for municipalities in this context. See SDCL 9-12-1 2d 915, 917-18 (S.D.1988) (<HOLDING>). [ 17.] City also attempts to argue that the
Holding statements: (A) holding section 101065 is exception to waiver of governmental immunity (B) holding governmental immunity is no defense to contractual liability (C) holding immunity from liability is not jurisdictional (D) holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary (E) recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit

A:
(B)
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