With no explanation, chose the best option from "A", "B", "C" or "D". manner of binding, or frequency of publication." (First Stip. to the Admission of Written Statements in Lieu of Oral Testimony at 2, ¶ 6.) Moreover, the relevant issue is not what Haas called its publications, but rather, what the legislature intended when it used the term "book." 6 . A "newspaper," for purposes of determining where legal notice may be published, is separately defined by Indiana Code § 5-3-1-0.4. See Inp. Cope Ann. § 5-3-1-0.4 (West 1998). 7 . Any further evaluation of the newsworthiness or nature of the Apartment Guides' community notices would risk running afoul of the First Amendment to the United States Constitution and Article 1, § 9 of the Indiana Constitution. See Emmis Publ'g Corp. v. Indiana Dep't of State Revenue, 612 N.E.2d 614, 622-23 (Ind. Tax Ct.1993)

A: holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction
B: holding that a regulations criteria for determining whether a publication is a newspaper was unconstitutional where it discriminated on the basis of the content of the speech
C: holding a regulation is contentneutral as long as it is justified without reference to the content of the regulated speech
D: holding that question whether employee speech is protected and concomitant determination whether it touches a matter of public concern are for the court and to be answered with reference to the form context and content of the claimed speech as revealed by the record as a whole
B.