USSC rules that public access TV station is not a state actor

17-1702 Manhattan Community Access Corp. v. Halleck (06/17/2019)

This is a 5-4 decision with all the Republicans in the majority and all the Democrats dissenting. It has some relevance for the "HOAs should be limited by the Constitution" argument that many HOA activists believe in. The case is not helpful to the HOA activist position, because the USSC overruled an appellate court that said the station was a state actor. I will have to read this in detail to analyze it, but for now, here is the synopsis:



"New York state law requires cable operators to set aside channels on their cable systems for public access. Those channels are operated by the cable operator unless the local government chooses to itself operate the channels or designates a private entity to operate the channels. New York City (the City) has designated a private nonprofit corporation, petitioner Manhattan Neighborhood Network (MNN), to

operate the public access channels on Time Warner’s cable system in Manhattan. Respondents DeeDee Halleck and Jesus Papoleto Melendez produced a film critical of MNN to be aired on MNN’s public access channels. MNN televised the film. MNN later suspended Halleck and Melendez from all MNN services and facilities. The producers sued, claiming that MNN violated their First Amendment free-speech rights when it restricted their access to the public access channels because of the content of their film. The District Court dismissed the claim on the ground that MNN is not a state actor and therefore is not subject to First Amendment constraints on its editorial discretion. Reversing in relevant part, the Second Circuit concluded that MNN is a state actor subject to First Amendment constraints.

Held: MNN is not a state actor subject to the First Amendment. Pp. 5–16."

Here is a link to the full opinion. 

Country Clubs | Condos | Homeowners Association Fees

Country Clubs | Condos | Homeowners Association Fees

"Some older condos in South Florida communities built around country clubs are selling for as little as $1.

Stephan Burklin, for example, recently cut the asking price for a one-bedroom condo at Boca West Country Club from $10,000 to $1. Burklin also is offering to pay the buyer’s homeowners association fees for the first year. His mother and father lived there, but she died and he is moving to an assisted living facility, and the condo is too small for Burklin, 51, who is married and has three kids."

Chaos in Preckwinkle's Hyde Park condo: neighbors say she ignored their concerns | Chicago Sun-Times

Chaos in Preckwinkle's Hyde Park condo: neighbors say she ignored their concerns | Chicago Sun-Times

"Mayoral candidate Toni Preckwinkle owns a Hyde Park condominium where Chicago police have repeatedly responded to domestic-disturbance calls involving her 37-year-old son — and some residents say she doesn’t seem to have done anything to address their concerns."

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Toni Preckwinkle is one of two remaining candidates for Mayor of Chicago, with the election being next Tuesday, April 2. She is currently running behind Lori Lightfoot, according to the limited polling we have. The last thing Preckwinkle needs is more bad press, and here it is.

'Flintstone' house sparks lawsuit from California town: 'It's an eyesore' | Art and design | The Guardian

'Flintstone' house sparks lawsuit from California town: 'It's an eyesore' | Art and design | The Guardian

Biggest developments in Chicago | Chicago development

Biggest developments in Chicago | Chicago development

Chicago has a bunch of huge downtown residential towers going up, with high-end condo units. The bottom end of the condo market is being devoured by investors who are turning them into apartment buildings using Section 15 of the Illinois Condominium Property Act. They get 75% of the ownership interests on their side, and sell the building.

Bill would give HOA’s taxing authority - Mississippi Center for Public Policy

Bill would give HOA’s taxing authority - Mississippi Center for Public Policy

I wonder if these people have thought this through. If they have taxing authority, then aren't they state actors, which triggers all sorts of statutory and constitutional obligations that HOAs don't want to assume?

‘No HOA’: Man makes entire house pink, says neighbors can’t do anything about it

‘No HOA’: Man makes entire house pink, says neighbors can’t do anything about it

Definitely a guy who shouldn't live in an HOA. And Exhibit A for why some people do want to live in HOAs.

Argument analysis: No clear resolution on whether First Amendment applies to public-access channels - SCOTUSblog

Argument analysis: No clear resolution on whether First Amendment applies to public-access channels - SCOTUSblog

The US Supreme Court just heard arguments in a case dealing with whether a not-for-profit corporation can be a "state actor" for purposes of applying constitutional rights. I will be watching this closely to see if the ruling has any implications for CIDs, especially big HOAs.



"The Supreme Court heard oral argument today in a case involving whether a private nonprofit corporation that runs a public-access TV channel is a “state actor,” who can be sued for violations of the First Amendment. After roughly an hour of debate, there was no clear winner in the case: The justices who spoke appeared to be divided, and two justices – Clarence Thomas and Neil Gorsuch – asked no questions at all."

If you would like to read more about Manhattan Community Access Corp. v. Halleck, follow the link.

The Private Company Reshaping American Police Policy - CityLab

The Private Company Reshaping American Police Policy - CityLab

"The policy was written by Lexipol, a California-based company that says it provides policies for approximately 3,400 police, fire, and correctional agencies in 35 states. It has grown rapidly over the last 15 years and saturated California, where its clients include more than 90 percent of law enforcement agencies. It’s impossible to know just how far Lexipol’s reach has spread as the company declines to provide a list of clients, saying that it is proprietary information. But according to an analysis published last year in the Texas Law Review, “although there are other private, nonprofit, and government entities that draft police policies, Lexipol is now a dominant force in police policymaking across the country.”

As a result, a large portion of American police policy is now being drafted by a little-known private company with no public oversight."

Survival of the Richest – Future Human – Medium

Survival of the Richest – Future Human – Medium

A professor was invited to give a talk to a small group of super-rich hedge fund people. He thought they would want to hear about the future of technology to guide their investment decisions. Instead, they wanted to know about how they could escape the coming collapse of society.



"Taking their cue from Elon Musk colonizing Mars, Peter Thiel reversing the aging process, or Sam Altman and Ray Kurzweil uploading their minds into supercomputers, they were preparing for a digital future that had a whole lot less to do with making the world a better place than it did with transcending the human condition altogether and insulating themselves from a very real and present danger of climate change, rising sea levels, mass migrations, global pandemics, nativist panic, and resource depletion. For them, the future of technology is really about just one thing: escape.

Guess what, America? Other countries have same condo and HOA problems

Guess what, America? Other countries have same condo and HOA problems:

Deborah Goonan gives examples from other countries.

Ukraine approves list of state-owned enterprises for privatization | KyivPost

Ukraine approves list of state-owned enterprises for privatization | KyivPost: "Jump-starting a process that has been stalled for more than two years, Ukraine’s Cabinet of Ministers on May 10 approved a list of 26 large state-owned companies for privatization. The sale of the state’ stakes in the large companies is expected to bring in Hr 21 billion, or $800 million, to the budget this year- seven times more than privatization raised in in 2017. In addition, the government also approved a “general” list of more than 700 enterprises that are to be privatized over the next three years, Economy Minister Stepan Kubiv wrote in a Facebook post on May 10."

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This isn't fooling the public, though: "According to a sociological survey conducted by the Center for Economic Strategy in November of last year, 80 percent of Ukrainians think that only oligarchs will benefit from the sale of state-owned enterprises." Privatization in neighboring was a massive transfer of trillions of dollars from the government to a small number of people who became known as the oligarchs, and they helped to turn the country into a kleptocracy.

Oregon Business - New kid on the block: The urban gated community

Oregon Business - New kid on the block: The urban gated community: "“You could literally not leave the building,” says Christian Haggarty, a 48-year-old sales manager who lives at Rivage with his wife and their dog. “Sometimes it feels like living in a resort. You have to grocery shop, but you could spend the rest of your time there.” "

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No, thanks.

HOA Calls 911 - YouTube

HOA Calls 911 - YouTube:

This call to 911 concerns a homeowner putting up signs about a missing cat. Good grief.

Chatham County residents protest HOA decision to kill 35 beavers :: WRAL.com

Chatham County residents protest HOA decision to kill 35 beavers :: WRAL.com: ""Anything that's natural can be a nuisance," said Jessica Walden-Gray, who lives in the neighborhood."

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That's quite a sentence.

Woman says her home's being destroyed in the midst of HOA battle - KXAN

Woman says her home's being destroyed in the midst of HOA battle - KXAN

"AUSTIN (KXAN) - An Austin woman says the foundation is beginning to crack under her home after her HOA refused to let her remove an invasive tree in her yard. "

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This looks like one of those cases where the HOA changes their position.

HOA embezzler’s trial to begin | Local News | smdailyjournal.com

HOA embezzler’s trial to begin | Local News | smdailyjournal.com

"The trial for a man accused of scheming to embezzle nearly $2.8 million from the San Mateo Woodlake Condominium Association between 2007 and 2013 is set to begin Wednesday, more than five years after he and a co-conspirator were initially accused of the scheme, according to the San Mateo County District Attorney’s Office."

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These HOA embezzlement cases rarely go to trial.

Olathe HOA files police report, calls meeting over shortfall | The Kansas City Star

Olathe HOA files police report, calls meeting over shortfall | The Kansas City Star: "An Olathe HOA has filed a police report and called a special meeting to discuss concerns about its former property manager that it says in a related lawsuit could cause "irreparable harm" to the neighborhood.

Parkhill Manor Homes Association said in the lawsuit that Jonathan Young and his company, Haven Property Management, have "failed and refused to deliver plaintiff's corporate books and records and bank accounts."

The HOA notified homeowners of the problem in a letter sent last week."

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Koch Bodyguards Got Police Badges From Same Tiny Town as Mercer - Bloomberg

Koch Bodyguards Got Police Badges From Same Tiny Town as Mercer - Bloomberg

These rich people love becoming a law unto themselves. What puzzles me is that ordinary people buy this anti-government propaganda, when government is the only thing that can protect them against private tyranny.

Opinion | America’s Federally Financed Ghettos - The New York Times

Opinion | America’s Federally Financed Ghettos - The New York Times:

The federal government's policies favored one-race neighborhoods for decades. The racial segregation we see around us today is the intended result of public policies and private actions.