MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
notification of publication seizure/censorship (postmarked 3/5/2018) Download Documentation
01/16/2018
MIM(Prisons) protests failure to delivery multiple publications in KS
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January 16, 2018
Kansas Department of Corrections
Office of the Secretary
714 SW Jackson, Suite 300
Topeka, KS 66603
Re: Failure to Deliver Publications
To Whom It May Concern:
We are in receipt of information that the Hutchinson Correctional Facility is failing to deliver to the addressee or provide notice of censorship of at least eight (8) publications mailed from October 2017 through December 2017. As the distributor of these publications, we have also not received notice of censorship.
Failure to deliver the properly posted and addressed publications or provide requisite notice of censorship violates Kansas Administrative Regulations, federal Postal laws and our Constitutional rights. This letter serves as our notice of the Kansas Department of Corrections as to direct and ongoing violations regarding these failures to deliver or provide notice of censorship for publications mailed to the facility.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Until such time as the Kansas Department of Corrections provides the constitutionally mandated information to provide adequate notice of the specific reasons for censorship or delivers the publications to the addressees, a violation of our constitutional rights under the First Amendment will continue.
Withheld 6.9 ounces of printed material, content focuses on organizing communist revolution/Asst. stapled topics promote unrest. Note: A book and 3 other publications sent to the pro/for review and her decision. IMPP 12-134. All items received, in the same envelop.
02/18/2018
MIM(Prisons) responds to administration request for more information
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February 18, 2018
Kansas Department of Corrections
Mr. Doug Burris
Correctional Manager
Office of the Secretary
714 SW Jackson, Suite 300
Topeka, KS 66603
Re: Failure to Deliver Publications
Mr. Burris:
Thank you for your recent reply to our concerns about censorship at the Hutchinson Correctional Facility without notice being provided to us as the publisher and distributor of the publications.
The publications in questions were addressed to XXX
The following is a list of publications with mailing dates sent to Mr. X.
12/12/2017 Organization Means Commitment essay
12/12/2017 Organizational Structure study pack
12/12/2017 The New Indians
12/12/2017 Liberation or Gangsterism: Freedom or Slavery Pt. I & II
12/12/2017 Let's "Gang-Up" On Oppression: Youth Organizations and the
Struggle for Power in Oppressed Communities
12/12/2017 Who Is Lumpen in the United $tates? pamphlet
12/11/2017 Under Lock & Key 59 (Nov 2017)
10/09/2017 Under Lock & Key 58 (Sept 2017)
Please provide information as to the status of each of these publications. If any of these publications have been subject to censorship, please provide adequate notice so that we may formulate an appeal.
MIM(Prisons) responds to notice of censorship
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To Whom It May Concern:
We are in receipt of a Censorship Notice (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that the publication was rejected because “the content of this newsletter poses a threat to the safety and security of correctional facilities. Articles about drug trade throughout.” However, there is no reference to page numbers of the alleged objectionable content or the specific content which is objectionable. It is unclear what content is alleged to be objectionable.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Further, the notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
We require the decision to censor the issue referenced above be vacated and delivered to the prisoners to which it was addressed.
Please govern yourself accordingly.
04/17/2018
MIM(Prisons) responds to March 19 risk management letter
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MIM Distributors
PO Box 40799
San Francisco, CA 94140
April 16, 2018
Kansas Department of Corrections
Office of the Secretary
714 SW Jackson, Suite 300
Topeka, KS 66603
Re: Appeal of Censorship of Publication
Under Lock & Key September/October 2017 Issue 59
Under Lock & Key November/December 2017 Issue 59
Who is Lumpen?
Loose Printed Material – Study Packet
To Whom It May Concern:
We are in receipt of a Censorship Notice (notice) for the above referenced issues of Under Lock & Key (ULK. The notice states that ULK 59 was rejected because “the content of this newsletter poses a threat to the safety and security of correctional facilities. Articles about drug trade throughout.” However, there is no reference to page numbers of the alleged objectionable content or the specific content which is objectionable. It is unclear what content is alleged to be objectionable. There are no references to specific content for any of the remaining publications and loose material which was censored.
Failure to deliver the properly posted and addressed publications or provide requisite notice of censorship violates Kansas Admisntrative Regulations, federal Postal laws and our Constitutional rights. This letter serves as our notice of the Kansas Department of Corrections as to direct and ongoing violations regarding these failures to deliver or provide notice of censorship for publications mailed to the facility.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Until such time as the Kansas Department of Corrections provides the constitutionally mandated information to provide adequate notice of the specific reasons for censorship and references the exact content which is objectionable or delivers the publications to the addressees, a violation of our constitutional rights under the First Amendment will continue.
Contains priminent or prevalent advertising for three-way calling services, pen pal services, or the purchase of products or services with postage stamps
Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Appeal of Censorship of Publication
Introductory Study Group Invitation (December 2017)
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Introductory Study Group Invitation (hereinafter, “Invitation”) addressed to the above referenced prisoner. The notice states that the publication is being rejected because it “[c]ontains prominent or prevalent advertising for three-way calling services, pen pal services, or the purchase of products or services with postage stamps.” The censorship form on its face is clear that no violation of prison policy has occurred, and the censorship is without merit. The Invitation contains no advertisements and make one reference to supporting the study guide by make a voluntary payment of $10. The Invitation further states “If your facility rules allow you to send stamps…” (emphasis added). No demand is made for payment, in fact the next paragraph provides information to receive the study materials without payment.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
The “stamp program” referenced includes the following language in its entirety on page 1 of the Invitation:
“We work to make our study groups as self-sufficient as possible. To do this we are asking you to pay for the materials that we will be reading. The minimum cost of this two level intro study course is $10 for the reading and postage. If your facility rules allow you to send stamps, that is best. If you can only send a check or money order, let us know and we will send you further instructions for how to do that.
If you cannot afford to pay by money or stamps, we certainly won’t leave you out...”
F.A.C. 33-501.401 (l) states (emphasis added):
(l) It contains an advertisement promoting any of the following where the advertisement is the focus of, rather than being incidental to, the publication or the advertising is prominent or prevalent throughout the publication.
1. Three-way calling services;
2. Pen pal services;
3. The purchase of products or services with postage stamps; or
4. Conducting a business or profession while incarcerated.
(m) It otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person.
Further, the F.A.C. cited requires the advertisement to be the focus of the publication and/or prominent or prevalent throughout the publication. Clearly it is neither the focus of nor prevalent. It also is not a prominent feature of the publication as it is on page 1 in normal font within the body of a paragraph.
It is clear the censorship based on a “stamp program” is arbitrary and capricious. It is also a clear misapplication of the Florida Administrative Code on its face.
The censorship of the Invitation, based on the reasons set forth in the Notice, constitute a clear violation of our Constitutional rights. These reasons are clearly not applicable under any reasoned interpretation of the Code and cannot have been made in a good faith reliance on any such application.
I also bring to your attention a recent decision by the FLDOC which clearly indicates such a statement is not a violation of the “stamp policy” and reversed a previous censorship decision as noted in a letter dated February 26, 2018. It is clear the person reviewing the Invitation does not have sufficient training or knowledge of the FLDOC policies. This letter serves to again put you on notice of such violations by FLDOC employees. A failure to address such employee malfeasance may subject you to any and all legal remedies at our disposal.
As such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand the Invitation be delivered forthwith to the prisoner to whom it was addressed.
We are in receipt of a Censorship Notice (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that the publication was rejected because “disrupts order, promotes organization and leadership.” There are three sections checked alleging various allegations as to the publications objectionable content. However, there are no references to page numbers of the alleged objectionable content or the specific content which is objectionable. It is unclear what content is alleged to be objectionable.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Further, the notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
It is apparent from the face of recent censorship notices, the language used to justify the censorship is boilerplate. As such, the provides direct evidence of a blanket ban of all ULK publications in direct violation of our Constitutional rights and contrary to well-established federal case law.
We require the decision to censor the issue referenced above be vacated and delivered to the prisoners to which it was addressed.
We are in receipt of a Notice of Incoming Publication Denial relating to prisoner notification of censorship (hereinafter, “Notice”) related to an unknown issue of Under Lock & Key (hereinafter, “ULK”).
The issue referenced of ULK was censored alleging the material was in violation of PADOC DC-ADM 803. The Notice provides no articulable reasons for or specific references to objectionable content. The boilerplate language of “advocates & promotes prison solidarity” without specific references to objectionable content does not pass constitutional muster. The Pennsylvania Department of Corrections repeated failure to adhere to internal DOC policy and well-established federal case law requires that we consider additional legal action to preserve our rights.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
The censorship notice received provides no specific information upon which an appeal may be based. Further review by your agency will likely show that no objectionable content exists in the ULK issue referenced above and therefore we require the publication be delivered to Mr. XXXXXX forthwith. We also require notification that such action has been taken.
We are in receipt of a Censorship Notice (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that the publication was rejected because “disrupts order, promotes organization and leadership.” There are three sections checked alleging various allegations as to the publications objectionable content. However, there are no references to page numbers of the alleged objectionable content or the specific content which is objectionable. It is unclear what content is alleged to be objectionable.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Further, the notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
It is apparent from the face of recent censorship notices, the language used to justify the censorship is boilerplate. As such, the provides direct evidence of a blanket ban of all ULK publications in direct violation of our Constitutional rights and contrary to well-established federal case law.
We require the decision to censor the issue referenced above be vacated and delivered to the prisoners to which it was addressed.
Pennsylvania DOC
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050
Re: Appeal of Censorship of Publication
Under Lock & Key Issue UNKNOWN
To Whom It May Concern:
We are in receipt of an undated Unacceptable Correspondence Form relating to prisoner notification of censorship (hereinafter, “Notice”) related to an unknown issue of Under Lock & Key (hereinafter, “ULK”). Accordingly, as we have not received official notification of censorship from the Pennsylvania Department of Corrections citing no reasons for censorship or identifying a specific publication, this appeal is timely.
While in the normal course of notification, the publisher or distributor need only be notified of the censorship on one occasion, we have yet to be notified as required. Further, the language of the Notice referring to “Denied MIM Publication” gives all appearances of a blanket ban on ULK and other MIM(P) publications, in direct violation of the requirement for individualized assessment of each publication. Such a blanket ban in unconstitutional on its face.
The issue referenced of ULK was censored alleging the material was in violation of PADOC DC-ADM 803. The Notice provides no reasons for or specific references to objectionable content. Further the Notice does not reference any issue of ULK or otherwise name the publication being rejected, supporting a reasonable basis to believe a blanket ban is in place.
As to the notice provided to Mr. X, but not to MIM Distributors, we demand that, consistent with our First Amendment rights, you provide notice of censorship specifying the reasons for censorship and the title of the publication being censored within fifteen (15) days of receipt of this letter.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
The censorship notices provided to Mr. X provides no information upon which an appeal may be based. Further review by your agency will likely show that no objectionable content exists in the unknown publication and therefore we require the publication be delivered to Mr. X forthwith. We also require notification that such action has been taken, to include the title of the publication.
Please govern yourselves accordingly.
Sincerely,
MIM Distributors
03/06/2018
Office of Policy, Grants and Legislative Affairs claims prisoner received the publication Download Documentation
Additional information on impoundment order
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pgs14 PLC report from Corcoran SHU (talk about strike)
pgs 18 Pennsylvania drug Situation is a call to unity (talk about the price of drugs inside the institution)
Contains articles and information on drugs in prisons and the cost comparison of inside and outside of prison as well as movement of drugsThis was overturned
Washington Department of Corrections
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 59
File No. SAL-1217-126
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to Mr. X. The notice states that ”8. Contains articles and information on drugs in prisons and the cost comparison of inside and outside of prison as well as movement of drugs.” There, however, is no reference to page numbers of the alleged objectionable content. It is unclear what content is alleged to be objectionable.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Further, the notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
We require the decision to censor issue 59 be vacated and delivered to Mr. X.
Please govern yourself accordingly.
Sincerely,
MIM Distributors
03/01/2018
Corrections Specialist notifies us that publication review committee overturned censorship Download Documentation
Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 59
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to the above referenced prisoners. The notice states that the publication is being rejected based on “stamp program advertisement.” The censorship form on its face is clear that no violation of prison policy has occurred, and the censorship is without merit.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
The “stamp program” referenced includes the following language in its entirety on page 2 of ULK:
“If you can afford to send donations, and if your facility rules allow, sending us stamps is the best way to donate.”
F.A.C. 33-501.401 (l) states (emphasis added):
(l) It contains an advertisement promoting any of the following where the advertisement is the focus of, rather than being incidental to, the publication or the advertising is prominent or prevalent throughout the publication.
1. Three-way calling services;
2. Pen pal services;
3. The purchase of products or services with postage stamps; or
4. Conducting a business or profession while incarcerated.
(m) It otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person.
It is clear the F.A.C. rule cited only applies to the purchase of goods and services. The language in ULK on page 2 clearly requests a “donation”, not a purchase of any product and only seeks such a donation if such donation is allowed by facility rules.
Further, the F.A.C. cited requires the advertisement to be the focus of the publication and/or prominent or prevalent throughout the publication. The request for donation, if facility rules allow, is the total of twenty-two (22) words in 24 pages of writing consisting of approximately 32,750 words. Clearly it is neither the focus of nor prevalent. It also is not a prominent feature of the publication as it is on page 2 in normal font within the body of a paragraph.
It is clear the censorship based on a “stamp program” is arbitrary and capricious. It is also a clear misapplication of the Florida Administrative Code on its face.
There is also no reference to any content which would “otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person.” The publication contains no such content.
The censorship of ULK, based on the reasons set forth in the Notice, constitute a clear violation of our Constitutional rights. These reasons are clearly not applicable under any reasoned interpretation of the Code and cannot have been made in a good faith reliance on any such application.
As such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand ULK be delivered forthwith to the prisoners it was addressed.
Additional information from ULK59 notice of rejection
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The following details the specific written or pictorial matter that is believed to be inadmissible:
Cover Page: Poisoning the Well
Page 4: COs$ of Drug$
page 7: Slangin' in the prison movement
Corizon Running Drugs to Control AZ Prisoners
under Lock and Key Nov/Dec 2017 No 59
02/12/2018
MIM(Prisons) protested censorship
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February 12, 2018
Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 59
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to the above referenced prisoners. The notice states that the publication is being rejected based on the cover page “Poisoning the Well,” page 4 “Cos$ of Drug$” [sic] , page 7 “Slangin’ in prison movement,” and “Corizon Running Drugs to Control AZ Prisoners.”
Each of these referenced articles, when read in their entirety and in context, advocate for the removal of drugs from prisons. A position one would believe prison authorities would espouse. As an example, drugs are referred to as “parasitic” and being used for “manipulation.” Poisoning the Well, p. 2. The Co$t of Drug$ (p. 4) makes reference, in a negative manner, to the black-market economy, which in turn negatively affect prisoners. The commentary clearly stands for the elimination of drugs within the prison system. Slangin’ in the prison movement?, p.7. The Corizon article takes issue with the fact that non-drug interventions are not provided in treating pain, a clear indication that even prescribed drugs should be reduced within the prison system. Corizon Running Drugs to Control AZ Prisoners, p. 14. Each of these articles provides no information on how to sell or obtain drugs in a prison. In fact, each clearly states that drugs are a negative influence on prisoners and those involved in the prison drug trade. It is clear this is not in line with FDOC beliefs and values, as you have chosen to censor this material as being against the interests of the institutional population. As such, you must be condoning a belief that drugs in prison are in fact acceptable and provide for the security and good order of the institution.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
The cited references do not provide adequate notice as to the objectionable content. Unless the objectionable content is that drugs are acceptable in prisons.
The censorship of ULK, based on the reasons set forth in the Notice, constitute a clear violation of our Constitutional rights. These reasons are clearly not applicable under any reasoned interpretation of the Code and cannot have been made in a good faith reliance on any such application.
As such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand ULK be delivered forthwith to the prisoners it was addressed.
additional information from impoundment notification
Show Text
Cover page: Poisoning the Well
Page 4: Cos$ of Drug$
Page 7: Slangin' in the prison movement
Corizon Runnin gDrugs to Control AZ Prisoners
Under Lock and Key Nov/Dec 2017 No 59
02/20/2018
MIM(Prisons) protested censorship
Show Text
February 12, 2018
Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 59
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to the above referenced prisoners. The notice states that the publication is being rejected based on the cover page “Poisoning the Well,” page 4 “Cos$ of Drug$” [sic] , page 7 “Slangin’ in prison movement,” and “Corizon Running Drugs to Control AZ Prisoners.”
Each of these referenced articles, when read in their entirety and in context, advocate for the removal of drugs from prisons. A position one would believe prison authorities would espouse. As an example, drugs are referred to as “parasitic” and being used for “manipulation.” Poisoning the Well, p. 2. The Co$t of Drug$ (p. 4) makes reference, in a negative manner, to the black-market economy, which in turn negatively affect prisoners. The commentary clearly stands for the elimination of drugs within the prison system. Slangin’ in the prison movement? p.7. The Corizon article takes issue with the fact that non-drug interventions are not provided in treating pain, a clear indication that even prescribed drugs should be reduced within the prison system. Corizon Running Drugs to Control AZ Prisoners, p. 14. Each of these articles provides no information on how to sell or obtain drugs in a prison. In fact, each clearly states that drugs are a negative influence on prisoners and those involved in the prison drug trade. It is clear this is not in line with FDOC beliefs and values, as you have chosen to censor this material as being against the interests of the institutional population. As such, you must be condoning a belief that drugs in prison are in fact acceptable and provide for the security and good order of the institution.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
The cited references do not provide adequate notice as to the objectionable content. Unless the objectionable content is that drugs are acceptable in prisons.
The censorship of ULK, based on the reasons set forth in the Notice, constitute a clear violation of our Constitutional rights. These reasons are clearly not applicable under any reasoned interpretation of the Code and cannot have been made in a good faith reliance on any such application.
As such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand ULK be delivered forthwith to the prisoners it was addressed.
Withheld 6.9 ounces of printed material, content focuses on organizing communist revolution/Asst. stapled topics promote unrest. Note: A book and 3 other publications sent to the pro/for review and her decision. IMPP 12-134. All items received, in the same envelop.
Withheld 6.9 ounces of printed material, content focuses on organizing communist revolution/Asst. stapled topics promote unrest. Note: A book and 3 other publications sent to the pro/for review and her decision. IMPP 12-134. All items received, in the same envelop.
Withheld 6.9 ounces of printed material, content focuses on organizing communist revolution/Asst. stapled topics promote unrest. Note: A book and 3 other publications sent to the pro/for review and her decision. IMPP 12-134. All items received, in the same envelop.
