MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Facts reviewed: On grievance dated 7/13/17 offender claims that the May/June 2017 issue of MIM Distributors, No. 56 was banned but feels that he should be allowed to have it since he is interested in all radical political movements.
Counselor Dennis responded "According to the Publication Review Committee MIM Distributors May/June 2017 No. 56 is on the banned list."
Grievance Officer finds that according to the PRC Chairperson the publicaiton was reviewed and determined to be on the banne dlist. Offenders' political beliefs are not a factor in PRC determinations. Offender received and signed a Publication Review Determination and Course of Action DOC0212 form on 7/13/17. It appears that proper protocol was followed.
Recommendation: Based upon a total review of all available information it is the recomendation of this Grievance Officer that this offender's grievance be DENIED due to offender's publicaiton being on the banned list.
Grievance officer's name: David Mansfield, CCII
Chief Administrator Officer's Response 7/21/2017:
"I Concur"
09/06/2017
MIM(Prisons) appealed censorship
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September 6, 2017
Illinois DOC
Office of the Director
PO Box 19277
Springfield, IL 62794-9277
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 56
To Whom It May Concern:
We are in receipt of a notice of censorship from XX concerning the issue of Under Lock Key (ULK), issue 56. We are the distributors of ULK and did not receive notice of the censorship of this issue at any time.
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).
Please provide an original reason for censorship of issue 56 of ULK, which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
Illinois Administrative Code title 20, section 525.140(h) requires written notification to the sender when mail is censored or denied.
In the alternative, we request the decision to censor issue 56 be vacated and the issue be delivered to all prisoners to whom it was addressed.
You may respond to the address listed.
Sincerely,
MIM Distributors
10/25/2017
Publication receipt and course of action
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Notification of publication denial because publication:
Be otherwise detrimental to security, good order, rehabilitation, or discipline or itm ight facilitate criminal activity or be detrimental to mental health.
Article drugs in prison, unity amongst prisoners.
Promotes leadership and organization detrimental to safety and security of the facility.
additional information on reasons for censorship
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contains correspondence, information, or othre items relating to another offender(s) without prior approval from the Superintendent/designee: or attempts to convey unauthorized offender to offender correspondence.
The newsletter talks about September 9 events including commencing a hunger strike until equal treatment, retaliation, and legal rights issues are resolved. (p13)
Newsletter is being rejected as it talks about September 9 events including offenders commencing a hunger strike until equal treatment, retaliation and legal rights issues are resolved
Additional information on censorship reasons
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contains correspondence, information, or othre items relating to another offender(s) without prior approval from the Superintendent/designee: or attempts to convey unauthorized offender to offender correspondence.
The newsletter talks about September 9 events including commencing a hunger strike until equal treatment, retaliation, and legal rights issues are resolved. (p13)
Additional information from rejection notice
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Advocates violence against others and/or the overthrow of authority.
Advocates that a protected class or group of individuals is inferior and/or makes such class/group the object of ridicule and/or scorn, and may reasonably be thought to precipitate a violent confrontation between the recipient and a member(s) of the target group. rejected incoming mailing from MIM. Mailing contains working that appears to be refering to law enforcement as "pigs" it appears to be ridiculing and scornful. There is also a section in mailing labeled solutions taht calls prisoners to take actions against prison industries and gives specific ideas/suggestions. Nothing to forward onto offender.
Chairman of Publication Review Committee denial of ULK57
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You are hereby advised that the following issue(s) of publication(s) sent to an offender of the Virginia Department of Corrections have been disapproved for delivery to offenders of the Department:
Number 57 July/August 2017 Pages 1-24
for the following reasons:
D. Material, documents, or photographs that emphasize depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity in violation of state or federal laws or the violation of the Offender Disciplinary Procedure.
F. Material that depicts, describes, or promotes gang bylaws, initiations, organizational structure, codes, or other gang-related activity or association.
You may otain an independent review of this decision by writing, within fifteen calendar days, to the Deputy Director, Division of Operations, Virginia Department of Corrections, P.O. Box 269633, Richmond, Virginia 23261.
Virginia Department of Corrections
Deputy Director, Division of Operations
PO Box 26963
Richmond, VA 23261
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
To Whom It May Concern:
We are in receipt of your correspondence dated September 14, 2017 relating to publisher notification of censorship (hereinafter, “Notice”) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”). We received the Notice on October 2, 2017 and have fifteen (15) days from that date to submit this appeal. See VADOC Op. Proc. 803.2 (F)(2). This appeal is timely.
The issue referenced of ULK was censored alleging the material was in violation of VADOC Op. Proc. 803.2 (D&F). The Notice cited to pages 1-24 of ULK. However, the citation to those portions of ULK are vague and provide no clear identification of content alleged to have violated VADOC Op. Proc. 803.2. 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 PLN, due process requires that PLN be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
A reference to pages 1-24 and boilerplate language fails to “clearly inform” us of the grounds for the censorship.
As such, we object to the notice of censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material within fifteen (15) days of receipt of this letter.
As a general response to the censorship, and without waiving our objection to vagueness, we will address the two portions of the policy cited as the reason for censorship.
Subsection (D) references “[m]aterial, documents, or photographs that emphasize depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity in violation of state or federal laws or the violation of the Offender Disciplinary Procedure Note: This criterion shall not be used to exclude publications that describe such acts in the context of a story or moral teaching unless the description of such acts is the primary purpose of the publication. No publication generally recognized as having artistic or literary value should be excluded under this criterion...” A careful review of ULK shows that there is no content which meets this criterion.
Subsection (F) references “[m]aterial that depicts, describes, or promotes gang bylaws, initiations, organizational structure, codes, or other gang-related activity or association.” Again, a careful review of the referenced pages of ULK shows there are no such references.
It is readily apparent that the Virginia Department of Corrections has banned ULK “solely because the [publication’s content] is religious, philosophical, political…or because its content is unpopular or repugnant.” Such censorship based on this reasoning is a violation of our First Amendment rights guaranteed by the Constitution. See Thornburgh v. Abbott, 490 U.S. at 404-05, 414-19 (1989).
We request the decision of the Publication Review Committee be vacated and issue 57 of Under Lock & Key be forwarded to those to whom it was addressed.
In the alternative, we require a more definitive statement as to the specific sections of ULK which are alleged to violate Virginia Department of Corrections policy.
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 57
To Whom It May Concern:
We are in receipt of your form (DC5-101) dated August 14, 2017 relating to notification of impoundment (hereinafter, “Notice”) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”). We are the distributors of ULK. We have received no notice of censorship as required by chapter 33 of the Florida Admisntrative Code. The impoundment of ULK is de facto censorship and does not provide adequate notice of such censorship in violation of the United States Constitution and a litany of cases which are directly on point.
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], due process requires that [the publisher] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015) (emphasis added).
As such, we object to the notice of censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material within fifteen (15) days of receipt of this letter.
As a general response to the censorship, and without waiving our objection to the issues raised, we will address the portions of the policy cited as the reason for censorship.
The issue of ULK was impounded alleging the material was in violation of Fla. Admin. Code 33-501.401 (3)(e), (3)(g), and (3)(m). It is alleged pages 1, 11, 14, 15 and 17 advocate insurgency and disruption of institutional operations. A careful review of the referenced pages, do not contain any objectionable material as outlined by F.A.C. 33-501.401.
It is readily apparent that the Florida Department of Corrections has banned ULK “solely because the [publication’s content] is religious, philosophical, political…or because its content is unpopular or repugnant.” Such censorship based on this reasoning is a violation of our First Amendment rights guaranteed by the Constitution. See Thornburgh v. Abbott, 490 U.S. at 404-05, 414-19 (1989).
We request the decision to censor the Guide be vacated and ULK be delivered to the prisoner to whom it was addressed.
Please provide a written response which addresses our grievances within fifteen (15) days of receipt of this letter.
You may reply to the address listed.
09/29/2017
Florida DOC upholds censorship decision
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September 29, 2017
Re: Impoundment of "Under Lock and Key - Issue 57"
My name is Dean Peterson, and I am Library Services Administrator for the Florida Department of Corrections. I am in receipt of your letter regarding "under Lock and Key - Issue 57." The DC5-101 form that you mention receiving in your letter was the notice of impoundment. The reasons for impoundment from the DC5-101 that you cite in your letter are the actual reasons the publication was impounded. They are from the Florida Administrative Code (FAC) 33-501.401(3). I will list them again here for your convenience:
(e) It depicts, describes or encourages activities which may lead to the use of physical violence or group disruption;
(g) It is dangerously inflammatory in that it advocates or encourages riot, insurrection, idsruption of the institution, violation of department or institution rules;
(m) It otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person.
In their regularly scheduled meeting of August 30, 2017 the Literature Review Committee of the Florida Department of Corrections upheld the institution's impoundment and rejected the publication for the grounds stated. This means that issue will not be allowed into our correctional institutions. In researching this response it was noted that the issue was incorrectly entered into our database solely for FAC 33-501.401(3)(m), but that clerical error is being corrected and the database will reflect all three reasons set forth for the rejection.
If you have further questions please feel free to contact me.
Sincerely,
Dean Peterson, Library Services Admiinstrator
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, FL 32399-2500
In their regularly scheduled meeting of August 30, 2017 the Literature Review Committee of the Florida Department of Corrections upheld the institution's impoundment and rejected the publication for the grounds stated. This means that issue will not be allowed into our correctional institutions
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 57
To Whom It May Concern:
We are in receipt of your correspondence dated August 11, 2017 relating to publisher notification of censorship (hereinafter, “Notice” and referring only to Mr. XX) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”). However, we were also notified by Mr. YY of censorship of the same issue, but for different reasons. Accordingly, as we have not received official notification of censorship from the Pennsylvania Department of Corrections concerning the reasons cited in reference to Mr. YY, 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, our position is that when such censorship cites any differing reasons for censorship separate notifications are required.
The issue referenced of ULK was censored alleging the material was in violation of PADOC DC-ADM 803. The Notice cited to page eleven (11) of ULK and stated “advocates solidarity.” However, the citation to those portions of ULK are vague and provide no clear identification of content alleged to have violated PADOC DC-ADM 803. A review of PADOC DC-ADM 803 shows that the word “solidarity” is mentioned nowhere in the policy and is clear on its face that “advocat[ing] solidarity” is not. Page 11 clearly and unequivocally promotes only peaceful solidarity. Solidarity is defined as “union or fellowship arising from common responsibilities and interests, as between members of a group or between classes, peoples, etc.”1 One need only conduct a simple Internet search to locate correctional officers acting in solidarity.(2)
As to the notice provided to Mr. YY, but not to MIM Distributors, we demand that, consistent with our First Amendment rights, you provide notice of censorship for the reasons set forth in Mr. YY’s notice within fifteen (15) days of receipt of this letter.
While reserving our right to appeal the second censorship decision, we would note that the notice sent to Mr. YY alleges a verbatim quote as the reason for censorship. “[T]he strip searches in the PA DOC are only for harassment purposes and we the people need to learn to fight and take a stand against the ‘pigs’ in the prisons.” These words in this quote appear nowhere in the cited pages or the entire publication. This alone requires the censorship decision to be vacated, as the decision cannot be supported based on words authored by the censor and not the publication
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).
We request the decision of the Incoming Publications Review Committee be vacated and issue 57 of Under Lock & Key be forwarded to those prisoners to whom it was addressed. The censorship notices provided to either MIM Distributors or Mr. XX make sufficient allegations of content which withstands scrutiny and must be vacated.
You may reply to the address listed.
Sincerely,
MIM Distributors
09/19/2017
PA DOC reverses censorship
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Re: Under Lock & Key #57, July/August 2017
This is to notify you that the publicaiton in issue does not violate Department Policy. As such, the decision of the correctional institution is reversed and the inmates in the PA Department of Corrections will be permitted to receive the publication. The correctional institutions will be notified by the Policy Office of the decision.
prisoner informs MIMP issue was denied because "page 11 contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruptions....
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 57
To Whom It May Concern:
We are in receipt of your correspondence dated August 11, 2017 relating to publisher notification of censorship (hereinafter, “Notice” and referring only to Mr. XX) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”). However, we were also notified by Mr. YY of censorship of the same issue, but for different reasons. Accordingly, as we have not received official notification of censorship from the Pennsylvania Department of Corrections concerning the reasons cited in reference to Mr. YY, 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, our position is that when such censorship cites any differing reasons for censorship separate notifications are required.
The issue referenced of ULK was censored alleging the material was in violation of PADOC DC-ADM 803. The Notice cited to page eleven (11) of ULK and stated “advocates solidarity.” However, the citation to those portions of ULK are vague and provide no clear identification of content alleged to have violated PADOC DC-ADM 803. A review of PADOC DC-ADM 803 shows that the word “solidarity” is mentioned nowhere in the policy and is clear on its face that “advocat[ing] solidarity” is not. Page 11 clearly and unequivocally promotes only peaceful solidarity. Solidarity is defined as “union or fellowship arising from common responsibilities and interests, as between members of a group or between classes, peoples, etc.”1 One need only conduct a simple Internet search to locate correctional officers acting in solidarity.(2)
As to the notice provided to Mr. YY, but not to MIM Distributors, we demand that, consistent with our First Amendment rights, you provide notice of censorship for the reasons set forth in Mr. YY’s notice within fifteen (15) days of receipt of this letter.
While reserving our right to appeal the second censorship decision, we would note that the notice sent to Mr. YY alleges a verbatim quote as the reason for censorship. “[T]he strip searches in the PA DOC are only for harassment purposes and we the people need to learn to fight and take a stand against the ‘pigs’ in the prisons.” These words in this quote appear nowhere in the cited pages or the entire publication. This alone requires the censorship decision to be vacated, as the decision cannot be supported based on words authored by the censor and not the publication
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).
We request the decision of the Incoming Publications Review Committee be vacated and issue 57 of Under Lock & Key be forwarded to those prisoners to whom it was addressed. The censorship notices provided to either MIM Distributors or Mr. XX make sufficient allegations of content which withstands scrutiny and must be vacated.
You may reply to the address listed.
Sincerely,
MIM Distributors
09/19/2017
PA DOC reverses censorship decision
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Re: Under Lock & Key #57, July/August 2017
This is to notify you that the publicaiton in issue does not violate Department Policy. As such, the decision of the correctional institution is reversed and the inmates in the PA Department of Corrections will be permitted to receive the publication. The correctional institutions will be notified by the Policy Office of the decision.
