The Institute for Justice (IJ) nonprofit has announced another legal victory involving private property and privacy rights. To set the proverbial table for the importance of this case, and in response to an MHProNews inquiry to left-leaning Bing’s artificial intelligence (AI) powered Copilot, that source said the following which will be explored with respect to the headline topic. “Private property rights and privacy rights are both fundamental concepts in the U.S. Constitutional System,” said Copilot. When MHProNews curates a topic like this, it is always for specific reasons and they routinely relate to foreground or background issues that impact our profession. That noted, the case IJ took on and won will be explored in Part I of this report with analysis is grounded in private property and includes the importance of privacy rights. How this relates to manufactured housing will be revealed in Part II.
Continuing from the Q&A with Copilot on the importance of private property and privacy rights on 5.14.2024 was the following.
Let’s explore their importance and how they relate:
- Private Property Rights:
- Incentives and Stewardship: Private property rights provide incentives for individuals to take care of their property and consider its present and future value. When people own property, they have a vested interest in maintaining and improving it, leading to better stewardship.
- Economic Freedom: Owning property allows individuals to use, sell, or lease it as they see fit. This economic freedom promotes entrepreneurship, investment, and economic growth.
- Protection Against Government: The Fifth Amendment ensures that the government cannot deprive a person of property without due process of law. It also limits eminent domain, ensuring that takings are for public use and require just compensation1.
- Broad Interpretation: However, in the Kelo v. City of New London (2005) case, the Supreme Court interpreted “public use” broadly to include economic development benefiting private parties1.
- Privacy Rights:
- Fourth Amendment: The Fourth Amendment protects against “unreasonable searches and seizures” by the government. It safeguards a person’s privacy by requiring warrants for searches where there is a “reasonable expectation of privacy.” For example, trash inside a home is protected, while curbside trash is not.
- Internet Age: Privacy rights extend to personal information shared online. After 9/11, laws made it easier for the government to use such data in terrorism investigations.
- Accountability: Recognizing privacy as a basic human right holds those who misuse data accountable. Established privacy rights draw a line against invasive practices2.
In summary, both private property rights and privacy rights contribute to individual freedom, economic prosperity, and protection against government intrusion. They are essential pillars of the U.S. Constitutional System132. 🇺🇸
1pbs.org 2humanrightscareers.com 3 blog.independent.org 4pacificlegal.org…”
Part I – According to WND News Center to MHProNews
MONEY POLITICS SCANDALS U.S. WND NEWS CENTERWND
‘Massive win for property rights’ in major warrantless search case
Government claimed unfettered power to invade private land and spy – all without consent
By Bob Unruh
Published May 13, 2024 at 12:27pm
An appeals court in Tennessee has released a “massive win for property rights” in the state by affirming a lower court’s decision that game wardens are barred from conducting warrantless searches of private property.
The announcement comes from the Institute for Justice, which fought the case on behalf of landowners Terry Rainwaters and Hunter Hollingsworth.
The Benton County landowners sued when the Tennessee Wildlife Resources Agency ignored their “No Trespassing” signs and entered their properties to install cameras.
The IJ explained, “The victory applies broadly to all private land Tennesseans have put to ‘actual use,’ whether by fencing, farming, posting, gating, hunting, fishing, camping, or otherwise.”
“This decision is a massive win for property rights in Tennessee,” said IJ attorney and Elfie Gallun Fellow in Freedom and the Constitution Joshua Windham. “TWRA claimed unfettered power to put on full camouflage, invade people’s land, roam around as it pleases, take photos, record videos, sift through ponds, spy on people from behind bushes—all without consent, a warrant, or any meaningful limits on their power. This decision confirms that granting state officials unfettered power to invade private land is anathema to Tennesseans’ most basic constitutional rights.”
The Court of Appeals ruling, from Judge Jeffrey Usman, explained, “TWRA’s contention is a disturbing assertion of power on behalf of the government that stands contrary to the foundations of the search protections against arbitrary governmental intrusions in the American legal tradition, generally, and in [Article I, Section 7 of the Tennessee Constitution], specifically.”
He said TWRA’s argument could be compared to warrantless searches conducted by British authorities that motivated the American Revolution. “Usman also rejected the idea that rural Tennesseans deserve any less protection against government intrusion than people in urban areas, explaining that the ‘Tennessee Constitution does not disfavor actual uses [of property] more commonly associated with rural areas,” the report said.
“TWRA’s abuse of power had to stop,” said Hollingsworth. “For as long as I can remember, these officers have acted like a law unto themselves. But nobody—not even a game warden—is above the Constitution, and yesterday’s decision makes that crystal clear. I’d like to thank the Institute for Justice for helping us fight this battle for so many years, and my local attorney Jack Leonard, who has been by my side on this case since day one.”
The state agents claimed they could trespass with impunity under the ancient federal “open fields” doctrines. That, from 1924, was when the Supreme Court held that the Fourth Amendment to the U.S. Constitution does not protect any land beyond the home and its immediately surrounding area.
Like several other state constitutions, the Tennessee document “protects ‘possessions’ from ‘unreasonable searches.’ The term ‘possessions’ plainly covers private land, and it’s heartening to see the Court of Appeals reject the federal rule and reaffirm Tennesseans’ cherished right to be secure on that land,” the IJ said.
The landowners were awarded nominal damages of $1 for the violations. ##
Part II – Additional Information with MHProNews Analysis and Commentary
The Institute for Justice (IJ) has been featured several times over the years by MHProNews for very specific affordable housing and thus manufactured housing related reasons. Some of those reports are linked below. They were and remain relevant, because they show very specifically what IJ is doing for Tiny Houses and other issues but which the Manufactured Housing Institute (MHI) has quite obviously failed to do for manufactured housing interests. Note that the first link is from the IJ to an op-ed by this writer for MHProNews on behalf of the interests of affordable housing seekers and manufactured housing independents who MHI claims to represent, but upon closer examination fails to represent the majority of the industry, save those consolidating the industry and who in turn routinely harm current and potential affordable manufactured homeowners/seekers.
https://www.manufacturedhomepronews.com/institute-for-justice-ij-prepares-litigation-and-sues-jurisdictions-to-protect-rights-to-tiny-homes-affordable-housing-will-manufactured-housing-institute-follow-suit-for-manufactured-homes/
https://www.manufacturedhomepronews.com/national-spotlight-tiny-house-calhoun-suit-nonprofit-attorneys-institute-of-justice-sue-wheres-manufactured-housing-institute-plant-a-home-manufactured-housing-improvement-act-en/
Private property rights are near the heart of the American Dream. So is the notion of the rule of law which obviously makes the opportunity for independent business professionals/investors to risk their time, talent, and treasure in order to serve an apparent public need for the opportunity to profit. In our profession’s case, that is the need for millions of new affordable homes. Other than manufactured housing, there is simply no proven method for building sufficient numbers of inherently affordable housing to solve the ongoing U.S. housing crisis. All kinds of housing should be allowed to compete in the marketplace. But the work that manufactured housing did to achieve its “enhanced preemption” status under the Manufactured Housing Improvement Act (a.k.a. MHIA 2000, 2000 Reform Act, 2000 Reform Law) of 2000 needs to be respected and honored. While we disagree with much of the content that attorney and manufactured home professional Kurt Kelley has in his publication, we absolutely concur with the point made below in comments he previously shared with MHProNews. Those remarks strike near the heart of the legal issues that the Institiute for Justice (IJ) litigates.
The Manufactured Housing Association for Regulatory Reform (MHARR) has since its founding in 1985 has pressed for the industry’s rights under the constitution and under the rule of law. Former MHI VP Danny Ghorbani has slammed the Manufactured Housing Institute (MHI) when needed, but they have also teamed up with MHI when it was possible to do so for the benefit of the independents of the industry.
MHI is several times the size of MHARR. While MHProNews absolutely defends the right of bloggers, rival publications, and others to sound off using their freedom of speech, that doesn’t mean that we agree with those people who may essentially abuse their freedom of speech in a way that often postures one thing but is doing another. Hilariously, and arguably hypocritically too, blogger George Allen made some useful points about the failures of MHI and MHI-linked publications. But when Allen lumps MHARR in with MHI – or our publications by inference – he is arguably misleading is leaders to their own possible harm. MHARR has said several times, they don’t collect a dime from the community sector of the industry, nor from financing/insurance (financial services), nor other parts of the industry. They are a producers trade group. Yet, thanks to much of what MHARR has done in Washington, D.C., issues from within MHVille that would otherwise have gone unnoticed were revealed. A classic example of that is the DOE Energy Rule (see the deep dive, linked here). MHI apparently postured one thing but did another. MHI’s CEO Lesli Gooch could not possible be as inept as her behavior last summer revealed her to be on the Duty to Serve (DTS) issue. The MHIA or 2000 Reform Law exist because MHI partnered with MHARR. Then why does MHI now pretend that MHARR doesn’t exist and partner instead with the competitors of manufactured housing? These behaviors by MHI are so bizarre on their face that they scream for attention.
Allen may well be a combat veteran. If he served honorably, that merits thanks. But it seems that retired Marine officer Allen has apparently betrayed the notion of “Semper Fi” – always faithful – by even suggesting (without good evidence) that MHARR is somehow as guilty as MHI. Meanwhile, Allen accepts accolades from MHI and MHI linked trade publications and acts as if it is all somehow logical. It is revealing, and what is revealed is clearly contradictory nature of Allen’s remarks MHI’s behavior. But what makes Allen’s latest self-serving project ‘delicious’ is that it so obviously should be embarrassing or humiliating to several MHI-linked insiders, including those who have curiously given Allen ‘awards.’ When the facts are all laid out, as the deep dive below does, Allen’s shivved others while shivving himself.
According to Merriam Webster on “shivved”
: to stab or cut (someone) with a shiv (see SHIV entry 1)
shivved him in the back
What’s useful about Allen is precisely that he periodically slips off the official narrative and points his finger at MHI, even if he does so without realize that he has 3 fingers pointing back at himself. Allen must have studied the meaning of gaslighting, projecting, posturing, and paltering. The fact that Allen won’t debate his own positions in public ought to be revealing. When closely examined, Allen is closer to MHI’s behavior than he may care to admit. Who is it that paid to sponsor Allen and/or SECO, if not several MHI members?
Put differently, Allen has postured about concerns that he has little or no intention of actually changing, because if he did so it might upset one of his own historic income streams. The example below makes the point MHProNews/MHLivingNews has on numerous occasions. Yet when Allen wrongfully slammed Sameul Strommen for making several of the same points better and with footnoted details, Allen slammed who? Not MHI, not the consolidators, but rather Strommen. Such evidence and facts speak volumes. He also takes cheap shots at anyone else who apparently fails to give him due homage, and of course, doesn’t bring him a few shekels in the process.
Posturing is not the same as doing and being honorable.
In our experience after a year of testing with hundreds of published Q&As, Copilot rarely references Allen in response to our fact checks, perhaps because Allen’s traffic is so low and because he is so inconsistent and unreliable.
That said, Allen is just as useful in his critique of MHI as Frank Rolfe was in his recent interview.
These open criticisms of MHI, by MHI’s own members (past or present), are revealing. Because MHI has had 20 years to do what their former president and CEO, Chris Stinebert said was about to occur. Namely, the ‘long belated’ recovery of the manufactured home industry. MHI has, as of the last fact check shown below, purged their own former president and CEO from their own website. How embarrassing. How Orwellian.
To draw this to a close, it should be obvious that if MHI were serious about getting enhanced preemption, DTS, the DOE issue, or any other challenge facing the manufactured housing industry resolved, they could have launched litigation 15 to 20 years ago. It is precisely the historic look that reveals the tragic and vexing pattern of behavior that MHI has engaged in, much to the harm of thousands of once-independent companies of various sizes.
The expose on Allen and MHI has quickly rocketed to the top 5 on MHProNews, which per known information, has about 30x (plus) the traffic of MHInsider. The report on Sun Communities, ELS, Allen-MHI are among those which have moved the already #1 publication to the highest level of traffic in a year of already growing traffic and engagement as measured by pageviews. Some of the top 30 articles on MHProNews are linked below.
MHI should have taken legal action years ago to enforce laws they claim to want enforced, but have not yet (per several prior checks with AI powered Copilot) filed suit to enforce. Meanwhile, the Institute for Justice (IJ) has gone to court several times and repeatedly won for their clients. The potential lessons and takeaways for that are many.
Programming notice: a special report is looming here on MHProNews. For career minded pros, public officials, investors, affordable housing advocates our advice is simple. Don’t miss it. ##
Part III – Our Daily Business News on MHProNews stock market recap which features our business-daily at-a-glance update of over 2 dozen manufactured housing industry stocks.
This segment of the Daily Business News on MHProNews is the recap of yesterday evening’s market report, so that investors can see at glance the type of topics may have influenced other investors. Thus, our format includes our signature left (CNN Business) and right (Newsmax) ‘market moving’ headlines.
The macro market moves graphics below provide context and comparisons for those invested in or tracking manufactured housing connected equities. Meaning, you can see ‘at a glance’ how manufactured housing connected firms do compared to other segments of the broader equities market.
In minutes a day readers can get a good sense of significant or major events while keeping up with the trends that may be impacting manufactured housing connected investing.
Headlines from left-of-center CNN Business – 5.14.2024
- Google shows off astonishing vision for how AI will work with Gmail, Photos and more
- The air traffic control tower at Hartsfield-Jackson Atlanta International Airport (ATL) in Atlanta, Georgia, US, on Monday, Oct. 2, 2023.
- FAA still short about 3,000 air traffic controllers, new federal numbers show
- A Waymo autonomous vehicle turning onto Mission Street in San Francisco, on November 17, 2023.
- Waymo and Zoox are under federal investigation as self-driving cars allegedly behave erratically
- Federal Reserve Chair Jerome Powell said Tuesday he’s expecting inflation to turn a corner after months of recent disappointing readings.
- Fed’s Powell is unfazed by the latest hot inflation reading
- Amazon’s Jennifer Salke announces new shows’ lineups during Amazon Upfront event on May 14.
- ‘Jeopardy!’ is coming to Amazon Prime with a different version
- Shoppers cross a street in the Magnificent Mile shopping district of Chicago, Illinois, US, on Saturday, Dec. 2, 2023.
- Debt — and delinquencies — are on the rise for Americans
- A worker installs an engine at the General Motors assembly plant in Fort Wayne, Indiana, US, on Tuesday, April 9, 2024.
- US wholesale inflation just hit its highest rate in a year
- Trump Media has reawakened the meme stock monster
- Amazon Web Services CEO to step down
- Veteran CNN executive Sam Feist named C-SPAN chief executive
- The Gates Foundation is losing its smarter half, Warren Buffett says
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- Nicholas Kristof says press ‘shouldn’t be neutral’ with coverage of Trump’s threats to democracy
- Red Lobster is abruptly closing dozens of restaurants
- Trump has promised an immigration crackdown if reelected. That could backfire on the economy
- GameStop, AMC shares skyrocket after meme stock trader posts for first time in 3 years
- McDonald’s, Apple and Tesla can’t bet on making a fortune in China anymore
- Ghost Shark and Manta Ray: Australia and US unveil undersea drones
- Mortgage companies could intensify the next recession, US officials warn
- Rudy Guiliani’s radio show has been canceled after he repeatedly discussed false 2020 election conspiracy theories
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Headlines from right-of-center Newsmax – 5.14.2024
- Trump VP Candidates Denounce ‘Politicized Persecution’ in NYC
- Presumptive Republican presidential nominee Donald Trump will remain gagged as his appeal was rejected, but his surrogates who remain VP candidates showed up in Manhattan to do the speaking for him – Gov. Doug Burgum; Rep. Byron Donalds, R-Fla.; Rep. Cory Mills, R-Fla.; and Vivek Ramaswamy – denouncing the weaponization of justice against President Joe Biden’s chief political opponent. [Full Story]
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- Israel at War
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- Newsmax TV
- Malliotakis: Trump in ‘Good Spirits’ Despite Trial
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- Sautéing Foods May Be Harmful to Your Health
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- Why C-Section Babies Need 2 Doses of Measles Vaccine
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