Short Circuit

Short Circuit 193 | Hamilton Singing Fire in a Crowded Theater

Oct 15, 2021

Guests Bob Belden and Kirby Thomas West discuss interesting topics including a civil forfeiture case involving a letter from Alexander Hamilton, a fire on a movie set turning into a First Amendment retaliation claim, and the challenges of contesting civil forfeiture by the federal government. They also explore the mysterious disappearance and recovery of the letter, the complexities of a forfeiture case brought by the government, and the confusion surrounding adverse possession of government land.

00:00

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Episode guests

Kirby Thomas West

Bob Belden

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Quick takeaways

The court ruled that a letter written by Alexander Hamilton was a public record, and only the Commonwealth of Massachusetts could own it.

The court recognized a firefighter's First Amendment retaliation claim for speaking out against corruption and found that adverse employment actions were established.

Deep dives

Summary of Podcast Episode

This podcast episode discusses two legal cases: United States vs. Letter from Alexander Hamilton to the Marquis de Lafayette dated July 21st, 1780 and United States vs. a firefighter. In the first case, a letter written by Alexander Hamilton was seized by the FBI and the government filed a forfeiture complaint to claim ownership. The court ultimately ruled that the letter was a public record and the only entity that could own it was the Commonwealth of Massachusetts. In the second case, a firefighter alleged retaliation by the government for speaking out against corruption in his department. The court recognized his First Amendment retaliation claim and found that his speech on matters of public concern and adverse employment actions were adequately established. The episode highlights the challenges faced in civil forfeiture cases and the limited protections afforded to public employees exercising free speech.

Introduction

2min

Retaliation and First Amendment Rights

16min

First Amendment Retaliation, Civil Forfeiture, and Alexander Hamilton's Letter

3min

The Mystery of the Missing Letter and its Reappearance

3min

Forfeiture Case Basics

20min

Adverse Possession, Confusion between Standing and Merits, and Hope for Singing Attorneys

2min

What did Alexander Hamilton tell the Marquis de Lafayette on July 21, 1780? Probably not that his letter would be the subject of a civil forfeiture case. Yet that came to pass in the First Circuit, and IJ attorney Bob Belden explains why it turns out the family that owned the letter were throwing away their shot. Meanwhile in the Second Circuit a fire on a movie set turns into a First Amendment retaliation claim. Kirby Thomas West joins us not to warn of the dangers of shouting fire, but what a fire chief who is your boss might do to you if you speak up on other topics.

Specht v. City of New York, https://www.ca2.uscourts.gov/decisions/isysquery/69832f88-a75b-4fd5-b4ef-89041b7ff601/1/doc/20-4211_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/69832f88-a75b-4fd5-b4ef-89041b7ff601/1/hilite/
United States v. Letter from Alexander Hamilton to the Marquis de Lafayette Dated July 21, 1780, http://media.ca1.uscourts.gov/pdf.opinions/20-2061P-01A.pdf
Kirby Thomas West, https://ij.org/staff/kirby-thomas-west/
Bob Belden, https://ij.org/staff/bob-belden/
Anthony Sanders, https://ij.org/staff/asanders/

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