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.

without including a message of their own. “[T]here are commonsense differences between speech that does no more than propose a commercial transaction and other varieties.” Va. State Bd. of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 U.S. 748, 771 n. 24, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976) (quotations and citation omitted). Common sense dictates that the use of images of Plaintiff Bosley to sell video tapes, website memberships, or defendants’ other wares, at most, constitute commercial speech. The Supreme Court has noted that “advertising which ‘links a product to a cur rent public debate’ is not thereby entitled to the constitutional protection afforded noncommercial speech.” Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 67-68, 103 S.Ct. 2875, 77 L.Ed.2d 469 (1983) (<HOLDING>) “Thus, it seems that the Supreme Court will 
 Holding statements: (A) holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine (B) holding that information pamphlets are properly characterized as commercial speech (C) holding that first amendment protections apply to compelled speech as well as restrictions on speech (D) recognizing that noncommercial speech is accorded greater protection under the first amendment than is commercial speech and striking down ordinance that imposed a greater restriction on political than on commercial billboards (E) recognizing that code is speech
holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine

statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment
holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment

their brief to this court: “[W]hether probation officers should be involved with police so that they are regarded as law enforcement by the community, and therefore negatively impacting the position of probation officer, is a significant public concern. Without respectful input by those in the field, the provision of governmental services could become ... inefficient, and even counterproductive.” In addition, the officers note that the memorandum called their employer’s attention to the fact that by law probation officers serve in the position of “intake officers” and should not be associated with activities of law enforcement because it affects their neutrality. We conclude that there is much merit to the officers’ arguments, cf. Fikes v. City of Daphne, 79 F.3d 1079 (11th Cir.1996) (<HOLDING>), and that the officers have satisfied the 
 Holding statements: (A) holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant (B) holding that if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it the plaintiff has no further obligation to bring it to the employers attention (C) holding that attempts to disclose government employee misconduct has been held to further governmental efficiency meeting the governmental employers responsibility to provide effective services (D) holding that employers knowledge of employees injury followed by the employers failure to provide the necessary medical services sufficient to impose liability upon the employer for medical services selected by the employee (E) holding that a single decision by a final policymaker within the area of his responsibility can impose liability on the responsible governmental entity

holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant

