Tracking Prison Censorship in the United States

To whom it may concern:

On 3-29-22 I was given a "lay in" pass to go to mailroom for "MAIL/DENIAL." When I arrived at mailroom I spoke to a very nice lady who provided a from to sign and advised me that my mail from "Tx Team One" & "Under Lock & Key" were "under review." Please be informed that the Maoist Internationalist is a well-established legitimate organization and Under Lock & Key is a publication that is provided to many prisoners who are caged up in many facilities across the country. I've never experienced any problem whatsoever receiving political education material, including Under Lock & Key, so as you can imagine I'm a bit baffled by this "review" and somewhat alarmed by what seems to be censorship of political speech -- after all, as far as I know we are still covered by the First Amendment.

Even more alarming to me is how neo-Nazi, white supremacist scumbags are allowed to receive material promoting fascism and hate, but a publication like Under Lock & Key, which promotes human rights and social justice and progressive politics is being targeted for censorship.

Please provide a written response to this "attempt at informal resolution" for the record, along with -- if publication is rejected -- a "written notice of disapproval" and "statement of the reason for disapproval within three business days of receipt of the publication or MSCP denial date on Publication Denial Form, along with procedures for appeal." Also, per TDCJ policy, please provide a "sufficiently detailed description" of material to permit "effective use of the appeal procedures."

Thank you, may goodness bless you.

Publications are reviewed by MSCP, Huntsville not at unit level. When we receive an answer you will be notified.

Title of Publication: "Tx. Team One"
REMARKS: "Reason C. Page(s) 4 contains information advocating prison disruption."

Director’s Review Committee
PO Box 99
Huntsville, TX 77342-0099

23 May 2022

To the Committee,

This letter is regarding a “Publication Review Notification” received from your office dated 5/12/2022. The title of publication given was “Tx. Team One” and the remarks were, “Reason C. Page(s) 4 contains information advocating prison disruption.”

No information was given as to who the mail in question was sent to, on what date or what facility. We are assuming it is in response to mail sent to XXXXXX XXXXXX, at Stevenson Unit on 18 March 2022. Mr. Vela notified us of the censorship back in March, but this is the first time we have heard from your department about it. Why were we not notified of the original review and given an opportunity to file an appeal ourselves?

The notification from your office provided justification for censorship of the TX Team One Primer sent on that date. However, it was mailed with a copy of Under Lock & Key 76 (Winter 2022). Will that be delivered to Mr. Vela since there has been no justification given for censoring that publication?

I am requesting a response to my 2 question above.

Sincerely,

Jimmy Smith, Warden
James V. Allred Unit
2101 FM 369 North
Iowa Park, TX 76367

23 May 2022

Warden Jimmy Smith,

This letter is regarding the handling of mail from MIM Distributors to prisoners held at James V. Allred Unit. It seems that mail to and from Allred is not being delivered or being delivered with long delays amounting to months.

Recently we were informed by Mr. XXXXXX G. XXXXXX, that he had not received half a dozen letters coming from MIM Distributors. Neither he, nor MIM Distributors received any notification of mail being denied. The list of letters not received include: 2 letters from February, 1 letter from March, a pamphlet mailed in March, and 1 letter mailed in April.

As you know, it is within our First Amendment rights to communicate and associate with Mr. XXXXXX, and him with us. And if anything sent to him by MIM Distributors is deemed a threat to safety or security then we must be notified of that censorship by law, and given the opportunity to appeal to an independent body. Therefore it is of great concern that our mail to him seems to have been going missing for months without any word from your staff.

I am requesting that the mail listed above be delivered to Mr. XXXXXX immediately. Failure to adhere to federal law, your state’s administrative regulations and your agency’s policies and procedures is evidence of malicious intent to violate our rights.

Sincerely,

What was the reason my newspaper/publication was censored from MIM Distributors on 2/4/2022? Please provide me with an articulate reason for such censorship with specific references to the objectionable material.

The item you are referring to is listed on their website as a magazine, the ADC does not allow inmates to receive magazines in the mail.

Good Day,

I am writing you regarding mail sent by our organization to Mr. XXXXXX XXXXXX (XXXXXX) in early February. This mail was returned to sender with a slip dated 2/10/2022 10:44AM stating the reason for refusal as:

"Publication that has been binded in the form of a book and not approved by the Chaplain is not allowed. All items returned to sender."

Is there a requirement to get reading material approved by the Chaplain before sending it to a prisoner at PWADC?

Meanwhile, Mr. XXXXXX has already grieved this censorship (on 2/5/2022) and was told it was censored because:

"The item you are referring to is listed on their website as a magazine, the ADC does not allow inmates to receive magazines in the mail."

In reality, it is listed as a study pack on our website. And since it was not in the form of a magazine, can you please explain to us what the reason was for returning this mail?

Sincerely,

J. O'Rourke

MIM Distributors

Pennsylvania Department of Corrections
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050

Re: Appeal of Censorship of Publication
Under Lock & Key Issue Winter 2021 Issue 75
SCI Rockview

To Whom It May Concern:

We are in receipt of your December 1, 2021 notification of censorship (hereinafter, “Notice”) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”) mailed to Mr. XXXXXX XXXXXX (#XXXXXX) while at SCI Rockview.

Your letter states the objectionable content relates to “Information contained on Page 10 encourages striking for Juneteenth 2022.” The Notice cites “(d) advocate, assist, or are evidence of criminal activity of facility misconduct.”

We do not believe there is a criminal code that outlaws the boycotting of a federal holiday. The boycott is political in nature in protesting mass incarceration and solitary confinement and should be protected speech under the First Amendment that poses no security risk to the facility. Content which is unpopular or objectionable by staff does not allow for censorship (see Thornburgh v. Abbott, 490 U.S. 401, 404-05, 414-19 (1989)).

As such we are asking that Mr. XXXXXX be allowed to receive ULK 75.


Sincerely,

This is to notify you that the publication in issue incites violence or encourages a protest on Juneteenth 2022. As such, it violates Department policy for the reason previously stated and shall be DENIED to inmates in the Pennsylvania Department of Corrections.

Policy Office

PA Department of Corrections

The prisoner appealed the decision to censor, which the Director's Review Committee upheld in a 1/12/2022 memo.

This Grievance Operation Manual is a publication of the TDCJ on the rules guiding the grievance system for prisoners. Because the state will not provide copies to prisons, MIM Distributors prints and mails copies to them so they can better address the abuse they face in these prisons. This is one of the most blatant efforts by the state to obscure the grievance process and prevent prisoners from holding staff accountable for abuse.