Stop Censorship by North Carolina Department of Public Safety

Stop Censorship by North Carolina Department of Public Safety

In early 2012, as our subscribership in North Carolina had begun to grow quickly, the North Carolina Department of Public Safety (NCDPS) began a systematic censorship of Under Lock & Key and other mail coming from MIM Distributors. Things like the Jailhouse Lawyers Manual and form letters listing the mail that we had sent someone were censored. The NCPDS went on to ban every issue of Under Lock & Key for 3 years straight. To this day, most issues are still censored.

Since 2012, volunteer legal assistants have worked to appeal every instance of censorship. (see our database for back-and-forth correspondence with the NCDPS) It soon became clear that the review process was a rubber stamp of the Publication Review Committee’s original decision. So we focused on investigating the review process and pushing NCDPS to provide justifications and citations of the exact content being censored.

These efforts have resulted in the overturning of some censorship more recently. But even then, the mail does not seem to be delivered to the subscriber. Most recently, the Director of Rehabilitative Programs and Services admitted that inflammatory language against the police does not pose a threat to the safety and security of the institution. So we are making progress in getting them to follow their own rules.

In 2016, a lawsuit made it to court by a former prisoner subscriber of ULK [UPDATE: winter 2017– we have not seen any followup on this case]. We have also seen a hunger strike in one NC prison lead to more mail being let in. Now is the time to step up the pressure on NCDPS mail policies. With the momentum that has been building over the last five years, pushing for a legal victory has the potential to change the practice across the state as we’ve seen happen elsewhere.

Updates/Reports from Inside

• Battling Censorship in NC Prisons (October 2016)
• NCDPS Sued for Censorship of ULK (August 2016)
• Battle for Literacy Builds Inside and Outside NC Prisons (July 2016)
• More First Amendment Violations in North Carolina (October 2015)
• North Carolina Bans Legally Permitted Activities, Nominal Victory (July 2014)
• Don't Be Silenced - Censor Victory in North Carolina (March 2014)
• ULK Censored in Retaliation for Grievance Campaign (September 2012)
• Proof!: The State Lies in Order to Censor (November 2011)

Related Censorship

Click for more	STATE	DATE	TYPE	TITLE	REASON GIVEN	FACILITY	DIRECT LINK
	[NC]	09/05/2017	zine/pamphlet	Maoism and the Black Panther Party	.0109H pages 2,4 "Could like precipitate violence among races of people"	Foothills Correctional Institution
Follow Up Correspondence 09/11/2017 MIM Distributors appeals decision to censor Show Text Director of Rehabilitative Programs and Services North Carolina Department of Public Safety, Prisons MSC 4221 Raleigh, NC 27699-4221 10 September 2017 RE: censorship of Maoism and the Black Panther Party Dear Sir/Madam, This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of a pamphlet titled Maoism and the Black Panther Party. The reason given for the censorship was that "Could like[sic] precipitate violence among races of people" on pages 2,4. I am requesting a review of this decision to censor this mail on the basis that there is no mention of violence against people of certain races. In fact, page 4 reads, “We do not fight racism with racism, We fight racism with solidarity.” In other words, the literature in question has the opposite message of what is being claimed by Mr. Pardue. I hope that upon review you will see to it that this literature is delivered to Mr. XXXXXX,
	[NC]	08/15/2017	zine/pamphlet	Under Lock & Key 57 (July 2017)	unknown - no notification yet	Scotland Correctional Institution
	[NC]	05/15/2017	letter	personalized	claiming he wasn't there	Lumberton Correctional Institution
	[NC]	04/21/2017	zine/pamphlet	Under Lock & Key 55 (March 2017)	p.13 "Regarding Daily Body Searches" promotes insurrection	Piedmont Correctional Institution
Follow Up Correspondence 05/10/2017 Director Sullivan upholds decision that article "could possibly lead to insurrection"
	[NC]	04/21/2017	zine/pamphlet	Under Lock & Key 55 (March 2017)	p. 13 ”Regarding Daily Body Searches” promotes insurrection [Download Documentation]	Lumberton Correctional Institution
Follow Up Correspondence 05/01/2017 MIM rep appeals censorship Show Text Director of Rehabilitative Programs and Services North Carolina Department of Public Safety, Prisons MSC 4221 Raleigh, NC 27699-4221 1 May 2017 RE: censorship of Under Lock & Key No. 55 Dear Sir/Madam, This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of Under Lock & Key No. 55, March/April 2017. The reason given for the censorship was that “”Regarding Daily Body Searches” promotes insurrection” on page 13. The next time Mr. Pardue is downtown, perhaps he can visit the Martin Luther King Jr. memorial garden and read the inscription on the statue there. It seems contradictory that the same state that praises “massive disobedience” as serving the interests of “liberty and justice for all”, finds protest in the form of prisoners remaining in their cells to somehow be a threat to institutional security (the criteria legally required for censorship of mail sent to prisoners). I hope that upon review of this decision that you will agree that this decision contradicts the values (and laws) of this country and that the newsletter in question will be delivered to the subscribers held by NCDPS. Thank you for your time and attention in this matter,
	[NC]	04/01/2017	zine/pamphlet	Under Lock & Key 55 (March 2017)	"return to sender - vacant" - he's still there	Scotland Correctional Institution
	[NC]	03/19/2017	letter	Unconfirmed Mail Form	return to sender	Lumberton Correctional Institution
	[NC]	02/23/2017	zine/pamphlet	Under Lock & Key 54 (Jan 2017)	page 14 "Last paragraph advocates for prison violence if necessary"	Lanesboro Correctional Institution
	[NC]	02/23/2017	zine/pamphlet	Under Lock & Key 54 (Jan 2017)	“Last paragraph [on p. 14] advocates for prison violence if necessary.”	Piedmont Correctional Institution
Follow Up Correspondence 03/12/2017 Appeal by MIM Distributors Show Text Director of Rehabilitative Programs and Services North Carolina Department of Public Safety, Prisons MSC 4221 Raleigh, NC 27699-4221 12 March 2017 RE: censorship of Under Lock & Key No. 54 Dear Sir/Madam, This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of Under Lock & Key No. 54, Jan/Feb 2017. While the original letter is dated 23 February, it was not mailed until 3 March and just arrived here this week. The reason given for the censorship was that the “Last paragraph [on p. 14] advocates for prison violence if necessary.” The article overall promotes the avoidance of violence. The recognition that pacifism is not appropriate in all situations is certainly something the NCPDS agrees with. NCPDS staff regularly resort to violence “when necessary.” Therefore the mere mention that violence is necessary sometimes should not be a reason to censor the printed words in Under Lock & Key. I am requesting a review of this decision and that you please deliver the newsletter in question to the subscribers held by NCDPS. Thank you for your time and attention in this matter,
	[NC]	12/21/2016	zine/pamphlet	Under Lock & Key 53 (Nov. 2016)	unknown - no reason given	Marion Correctional Institution
Follow Up Correspondence 01/04/2017 NCPDS notifies MIM Distributors of censorship Show Text Code D Page Number(s): 24 Reason for Disapproval: Survey promotes possible disorder against prison security 01/14/2017 MIM Distributors appeals Show Text Director of Rehabilitative Programs and Services North Carolina Department of Public Safety, Prisons MSC 4221 Raleigh, NC 27699-4221 14 January 2017 RE: censorship of Under Lock & Key No. 53 Dear Sir/Madam, This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of Under Lock & Key No. 53, Nov/Dec 2016. The reason given was that the “Survey [on p.24] promotes possible disorder against prison security.” The survey in question is merely asking prisoners to report facts about their facility regarding the use of solitary confinement. How this could be a legally justifiable reason to censor MIM Distributors' mail is beyond me. I am requesting a review of this decision and that you please deliver the newsletter in question to the subscribers held by NCDPS. Thank you for your time and attention in this matter,
	[NC]	12/12/2016	zine/pamphlet	Under Lock & Key 53 (Nov. 2016)	newsletter promoting prisoner work stoppages and additional anti-authority activities is not authorized as inmate personal property	Scotland Correctional Institution
	[NC]	12/12/2016	zine/pamphlet	Under Lock & Key 53 (Nov. 2016)	newsletter promoting prisoner work stoppages and additional anti-authority activities is not authorized as inmate personal property	Pamlico Correctional Institution
Follow Up Correspondence 12/24/2016 MIM Distributors appeals censorship Show Text Faye Daniels, Superintendent III Pamlico Correctional Institution 601 North Third St. Bayboro, NC 28515 24 December 2016 RE: censorship of mail Dear Sir/Madam, I have just received your “Notice to Inmate, Addressee/Sender of Mail Censorship & Appeal/Waiver Form” dated 12 December 2016. The censored contents are described as “One (1) newsletter – Contraband” and the reason given is that “newsletter promoting prisoner work stopages and additional anti-authority activities is not authorized as personal property.” While the item censored is not specified, I'm assuming it was issue 53 of Under Lock & Key, mailed to Mr. XXXXXX on 5 December 2016. I am requesting a review of your decision to censor the mail in question. The law only allows a restriction on the First Amendment right to free speech of a publisher if it poses a direct threat to legitimate penological interests within the prison (see Turner v. Safley, 482 U.S. 78, 89-90 (1987)). While you do not specify what content you found objectionable, every issue of Under Lock & Key is very clear in that it does not promote breaking any laws or causing of violence. The state of North Carolina cannot legally censor material because it expresses ideas that criticize political or economic institutions or that are “anti-authority.” In light of this, I hope you will see it as appropriate to repeal this decision to censor ULK, and deliver the mail to Mr. XXXXXX. 01/20/2017 Censorship upheld because calling Control Units torture could lead to insurrection Download Documentation
	[NC]	11/01/2016	zine/pamphlet	Under Lock & Key 52 (Sept 2016)	unknown-no notification given	Scotland Correctional Institution
	[NC]	09/02/2016	zine/pamphlet	Under Lock & Key 51 (July 2016)	page 1 (sept.9 Day of Peace and Solidarity 2016) ENCOURAGES INSURRECTION AND DISORDER	Pender Correctional Institution
	[NC]	09/02/2016	zine/pamphlet	Under Lock & Key 51 (July 2016)	page 1 (sept.9 Day of Peace and Solidarity 2016) ENCOURAGES INSURRECTION AND DISORDER	Marion Correctional Institution
Follow Up Correspondence 10/03/2016 MIM Distributors appealed censorship Show Text Director of Rehabilitative Programs and Services North Carolina Department of Public Safety, Prisons MSC 4221 Raleigh, NC 27699-4221 23 September 2016 RE: censorship of Under Lock & Key No. 51 Dear Sir/Madam, This letter is in response to the Letter to Publisher, dated 2 September 2016, and received on 9 September 2016, from Publication Review Committee Chair, Doug Pardue. Once again, Mr. Pardue claims that Under Lock Key "encourages insurrection and disorder." For the latest issue he cites the article "Sept. 9 Day of Peace and Solidarity 2016" on page 1 of issue 51. The Day of Peace and Solidarity is the opposite of violence and disorder. As I reiterate with your office every two months, Under Lock & Key explicitly opposes prisoners taking up violence or insurrection in every issue. The continued claims that ULK promotes insurrection and disorder in every issue do not seem connected to the objectives of your department. I am requesting that upon review of this incident that you will keep ULK 51 off of the list of banned publications, and deliver the copies that we have mailed to each subscriber held in your institutions. Recent decisions by your office to overturn censorship by the Publication Review Committee seem to have no practical application when subscribers still do not receive their issues of Under Lock & Key. 10/20/2016 Director Sullivan upholds censorship because article mentions work stoppages and fasts in the past Download Documentation
	[NC]	09/01/2016	zine/pamphlet	Under Lock & Key 51 (July 2016)	page 1 (sept.9 Day of Peace and Solidarity 2016) ENCOURAGES INSURRECTION AND DISORDER	Scotland Correctional Institution
	[NC]	08/20/2016	letter	personalized	unknown-no notification given	Scotland Correctional Institution
	[NC]	08/01/2016	letter	Unconfirmed Mail Form	unknown- no notification given	Pender Correctional Institution
	[NC]	07/05/2016	zine/pamphlet	Under Lock & Key 50 (May 2016)	Generational Gaps and Rev. Concepts on p.8 encourages insurrection and disorder This was overturned	Pender Correctional Institution
	[NC]	04/25/2016	zine/pamphlet	Under Lock & Key 49 (March 2016)	p.1,10 advocates insurrection/violence	Pender Correctional Institution