Tracking Prison Censorship in the United States

CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204

29 November 2022

RE: Ongoing censorship of mail to Pendleton CF

To Whom It May Concern,

We are in receipt of three notices dated and postmarked 11/21/2022 from Pendleton Correctional Facility’s mail room. This letter is to request an appeal to those decisions. And to inquire about my previous appeal submitted 1 September 2022.

All three recent notices were for the rejection of our newsletter, Under Lock & Key issue 79. The reason given is: “DENIED OII PG 12 LOWER RT - STG: AMIERIKKKA"(sic)

There is a pattern of Pendleton labeling MIM Distributors’ literature “STG” for spurious reasons (see my 1 Sept appeal letter). In this case the reason cited is the spelling of “Amerikkka”. This spelling is a political statement about the nature of the nation commonly known as America. Such political speech is protected, and not a valid justification for state-sponsored censorship.

Per Turner vs. Safley, the STG label may be used to censor mail if and only if it poses a clear and present threat to safety and security. Since there is nothing in Under Lock & Key promoting illegal activities or threatening harm to any person or persons, the STG label does not suffice to censor this publication.

Once again, I am requesting that you deliver this issue, and previous mail that I wrote to you about, to their intended recipients as soon as you are able to.

Sincerely,

CENTRAL OFFICE LEGAL SERVICES
302 W Washington St W 341
INDIANAPOLIS, IN 46204

29 November 2022

RE: Ongoing censorship of mail to Pendleton CF

To Whom It May Concern,

We are in receipt of three notices dated and postmarked 11/21/2022 from Pendleton Correctional Facility’s mail room. This letter is to request an appeal to those decisions. And to inquire about my previous appeal submitted 1 September 2022.

All three recent notices were for the rejection of our newsletter, Under Lock & Key issue 79. The reason given is: “DENIED OII PG 12 LOWER RT - STG: AMIERIKKKA"(sic)

There is a pattern of Pendleton labeling MIM Distributors’ literature “STG” for spurious reasons (see my 1 Sept appeal letter). In this case the reason cited is the spelling of “Amerikkka”. This spelling is a political statement about the nature of the nation commonly known as America. Such political speech is protected, and not a valid justification for state-sponsored censorship.

Per Turner vs. Safley, the STG label may be used to censor mail if and only if it poses a clear and present threat to safety and security. Since there is nothing in Under Lock & Key promoting illegal activities or threatening harm to any person or persons, the STG label does not suffice to censor this publication.

Once again, I am requesting that you deliver this issue, and previous mail that I wrote to you about, to their intended recipients as soon as you are able to.

Sincerely,

DRC made decision on September 29, 2022, remarks: pgs. 12 & 16 information which could cause a disruption.

"newsletter containing information inciting a riot"

It is the decision of the DRC to uphold the Unit rejection

"could be used to incite a disturbance received in contradiction with BP-03.91, Uniform Offender Correspondence Rules."

This rejection violates PD 05.03.118 - definition of mail: regardless of how you feel! They have Freedom of Speech which is protective conduct! Article I - Declaration of Rights 2-5 State of Michigan Constitution of 1963!

"the papers are about organizing within the prisons for work strikes and fasts. It also refers to officers/staff in a derogatory manner." Therefore per PD 05.03 118 Prisoner Mail 4). Mail advocating or promoting violence, group disruption, or insurrection.

NOI is upheld. Prisoner's material is to be destroyed per PD 04.07.112. Prisoner XXXXXX refused to pick any other options that were provided to him at the time of Mail rejection hearing.

Greetings,

We received a letter from the Office of Publication Review dated August 23, 2022 regarding our newsletter Under Lock & Key Number 78.

I am writing to appeal the decision to censor our newsletter. No page number or content is provided to justify the reason of "Safe, Secure and Orderly Operation of the Institution." So all I can say to justify our appeal is that there is nothing in our newsletter that promotes activity that is a threat to safety or security. Our newsletter has helped many prisoners reform themselves and express themselves with words instead of fists. While our newsletter is critical of the abuses experienced by many in prisons across the country, the state cannot legally censor its constituents for critiquing state actions.

Sincerely

MIM Distributors

Good Morning:

The Arizona Department of Corrections, Rehabilitation & Reentry - Office
of Publication Review is responding to your appeal of the exclusion of
Under Lock & Key, Issue 78, Summer 2022. The issue was withheld at the
complex level pursuant to Department Order 914. You may review this DO
online at www.corrections.az.gov.

DO 914 deems certain publication content contrary to ADCRR’s legitimate
penological interest to “assist with the rehabilitation and treatment
objectives, reduce sexual harassment and prevent a hostile work environment
for inmates, staff and volunteers…..” see DO 914.07 1.1. Such content is
Unauthorized Content as defined in the DO. The publication at issue here
contains Unauthorized Content pursuant to the provision set forth above and
the issue was withheld and contrabanded by the complex.

The complex is the first level of publication review. You and inmate
recipients were subsequently notified of the opportunity to appeal.

The Office of Publication Review reviewed this publication on appeal and
upheld the complex exclusion under the following DO 914 subsections

7.2.3 Depictions or descriptions that incite, aid, or abet riots, work
stoppages, means of resistance, or any other behaviors that may be
detrimental to the safe, secure and orderly operation of the institution.

7.2.8 Content that is oriented toward and/or promotes racism and/or
religious oppression and the superiority of one race/religion/political
group over another, and/or the degradation of one race/religion/political
group by another.

7.2.20 Any publication or part of a publication that, although not
specifically set forth herein, may otherwise be detrimental to the safe,
secure, and orderly operation of the institution.

The pages identified containing such content are throughout, including, but
not limited to, pages 1, 2, 4, 9, 16.

Pursuant to DO 914 § 6.13 “….The Office of Publication Review may cease
removing or redacting unauthorized content when the practice places an
unreasonable burden on resources due to the volume of incoming mail,
publications, the required redaction or removal of unauthorized content and
the dissemination thereof in redacted form.”

All publications, including those that are part of a title or series, are
reviewed on an individual basis, and rejection of one or several issues
does not warrant rejection of subsequent issues unless those issues contain
Unauthorized Content as defined in DO 914 (see DO 914 § 6.10).
Accordingly, any future issues of Under Lock & Key that are addressed to an
ADCRR inmate will be reviewed on an individual basis to ensure content
meets the standard and guidelines set forth in DO 914. In the event of any
future first level exclusions, inmate subscribers or MIM may appeal, and
provided appeals are timely, OPR will conduct a second review and determine
whether reasonable redactions may be accommodated (DO 914 § 6.13). This
deliberative process is critical to facilitate ADCRR’s legitimate
penological interests in maintaining safe, secure, and orderly operation of
its prisons.

The articles were mailed back to MIM Distributors by the prisoner, the section marked by the mailroom as "STG/Hate Speech" reads:

“If we fast forward from the time period discussed above to the 1980s we see the formation of the Maoist Internationalist Movement as well as a consolidation of theorists coming out of the legacy of the Black Liberation Army and probably the RYM as well. Both groups spoke widely of a Black or New Afrikan proletariat, which dominated the nation. MIM later moved away from this line and began entertaining Huey P. Newton’s prediction of mass lumpenization, at least in regard to the internal semi-colonies. Today we find ourselves in a position were we must draw a line between ourselves and those who speak of an exploited New Afrikan population. If the U.$. economy only existed within U.$. borders then we would have to conclude that the lower incomes received by the internal semi-colonies overall is the source of all capitalist wealth. But in today’s global economy, employed New Afrikans have incomes that are barely different from those of white Amerikans compared to the world’s majority, putting most in the top 10% by income.”

Mailroom, Yessterday I was told the MIM publication was being denied due to information you deemed to cause a disruption. I did tell you I had no glasses to read the denial. The copy I received states that it was reviewed by the DRC due to appealed denial decision and upheld?

How can they deny something I got yesterday and had no opportunity to appeal, pages 12 & 16 of issue #78? It has a denial date by DRC of 9/29/2022? How is that possible if it only just arrived in the U.S. mail @ Stevenson Unit? Please advise?

You did not just receive it. The publication first went to MSCP for review then to DRC for final review. The MIM publication will have to always be reviewed, it is not an approve publication.