Campaign to Stop Censorship of Non-nude Publications and Photos in TX
PHONE ZAP STARTS 1 AUGUST 2021 more info
In the past few years censorship in TDCJ has reached epic proportions. In March 2020, the board on criminal justice enacted new restrictive policies regarding mail correspondence, greeting cards, and receiving monies. After a year of wide-spread resistance to this fascist policy, an exposé was written by Kerri Blessinger of the Houston Chronicle’s criminal justice department along with an inside comrade of the National Freedom Movement - TX Chapter.
The public outcry that resulted from this article which spoke specifically to the denial of greeting cards, moved TDCJ officials to annul this restrictive policy and now captives are again allowed to receive cards.
If the story ended there, things would be all well. Unfortunately, TDCJ officials have sought to retaliate against the prisoner population by instituting even more arbitrarily restrictive regulations.
Set to take effect on 1 August 2021, the newly amended Board Policy(BP) 3.91 will effectively ban ANY/ALL publications, photos, drawings, and images that We could possibly receive. This amendment bans any items showcasing thongs, lingerie, buttocks, sex toys, or bodily fluids, as well as photos that hides someone’s face.
Nearly all publications and photos one gets are subject to this rule. Harmless publications such as US Weekly, OK, National Geographic, Muscle Fitness, etc can/will be denied due to this rule. Accordingly, this denies TDCJ captives their visual stimuli, in the case of isolated captives in RHU/solitary such persyn will have NO visual stimuli at all.
The politicized prisoner collective known as Tx T.E.A.M.O.N.E. is calling ALL prisoners in teKKK$a$ to join Us and the souljas on ALLRED seg in Our campaign. We are striving to amass 75,000 grievances on this issue. Included please find a sample of a step 1, shortly We will distribute a step 2 and a petition to be sent to TDCJ Director of CID and the Chairman of TDCJ. We must showcase a show of solidarity as teKKK$a$ captives.
Offender Name:____________________ TDCJ#___________________ Unit:_________________________ Housing Assignment:____________ Unit where incident occurred:______________________
who did you talk to?_________________________When?________________ What was their response?________________________________________________ What action was taken?________________________________________________ sample: BP-3.91, amended on 6/25/21, goes into effect on 8/1/21, and effectively bans ANY/ALL publications, photos, drawings and images that we could possibly receive. This edict is in direct violation of our First Amendment rights against censorship, and fails to satisfy the four-part Turner test as TDCJ officials have failed to justify this policy.(see: TURNER V. SAFELY, 482 U.S.78(1987))
TURNER QUESTION ONE: Is the regulation reasonably related to a legitimate, neutral government interest? These magazines are non-nude, and are commonplace with no age requirement to purchase them. Thus, TDCJ cannot possibly believe such magazines may cause disorder or violence, or will hurt a prisoner’s rehabilitation. Prisoners have a right to non-obscene, sexually explicit material that is commercially produced, MAURN V. ARPAIO, 188 F.3d 1054(9th Circ.1999).
TURNER QUESTION TWO: Does the regulation leave open another way for you to exercise your constitutional rights? No. As an Ad-Seg inmate, the only visual stimuli we receive are pictures and magazines. Yet the very images that are being banned are the EXACT same content any observer can see on TV. Newspapers have circulars with bra sales, etc. Effectively banning those as well. BP-3.91 destroys our ONLY visual link to the outside world.
TURNER QUESTION THREE: How does the issue impact other prisoners, prison guards, or officials and prison resources? BP-3.91 treats ALL inmates, especially Ad-Seg, like sex offenders and pedophiles, creates unrest throughout the prison population, and punishes non-sex offenders, while GP sex offenders still see images that arouse them on TV. It punishes normal inmates while missing the intended targets.
TURNER QUESTION FOUR: Are there obvious easy alternatives to the regulation that would not restrict your rights to free expression? Yes. Restrict these BP-3.91 original to the Grievance DEPT. on (date) copy to my records BP-3.91 is too vague, encompassing a littany of correspondence (see: Alello V. Litacher, 104 F. Supp. 2d1068, 1045-81(W.D.Wis.2000) which struck down similar ban). BP-3.91 actually says, “Any photo that conceals or hides the face of the individual photographed in a manner that prevents identification of that person.” What penological interest does this serve? And during a pandemic when people are still wearing masks?
Action Requested: That the DRC and TDCJ repeal or annul BP-3.91 in its amended form as it does NOT pass the supreme court’s TURNER test.
ALL TDCJ inmates should file a grievance on this issue, it affects all genders and sexualities as pics with an erection will not be allowed. The paper trail begins now, and We may have to file a class action on this issue. By all means, COMBAT GENOCIDE!!
UPDATE: Grievance officers here are saying this is not a grievable matter. THIS IS NOT TRUE. We suggest that if others run into this problem they should write i60 informing the GR.DEPT that the Offender Grievance Operations Manual (OGOM) says that policy is grievable, due to the fact that We are grieving the unit’s interpretation of the new board policy. Prisoners should also see Thornburgh V. Abbot, 490 U.S. 401 (1989). Be sure to attach the returned step 1 to i 60.
Here officers are also saying that we can’t grieve it because the policy isn’t effective yet, and we can do so on 8/1 when policy goes into effect. This policy must be resisted on all fronts on all units. [By the time you receive this it will be in effect.] A separate, more extensive petition has also been submitted to the Deputy Executive Director and a phone zap was scheduled to occur on 1 August by outside supporters.