MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Request for Records on ULK censorship and appeals documentation
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March 16, 2013
Communications Office
North Carolina Department of Public Safety
4201 Mail Service Center
Raleigh, NC 27699-4201
RECORDS REQUEST
Dear Records Request Officer:
Pursuant to the state open records act, I request access to and copies of all records of independent reviews of disapproved mail from MIM(Prisons)/MIM Distributors to prisoners held by the state of North Carolina from January 1, 2011 to the present time, including any documents related to the decisions made in each case.
These documents can be sent to me at the street address above. If there are copying fees you can also just email the documents to [email protected], or notify me of the cost via email.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act.
Thank you for your assistance.
Sincerely,
03/17/2013
Request for independent review and reason for censorship
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Assistant Section Chief
Support Services, NCDPS
4260 Mail Service Center
Raleigh, NC 27699-4260
17 March 2013
RE: review censorship
Dear Sir/Madam,
This letter is in response to the enclosed Letter to Publisher sent to MIM Distributors by Ms. Fay Lassiter. Over the last two years I've been writing to Lassiter and Ms. Cynthia Bostic to request, among other things, that they provide reasons for censoring mail from MIM Distributors. This recent letter from Lassiter states the reason as being, "A Code." As I've stated before, it is hard for us to address these issues when such meaningless explanations are put forth.
The letter does cite page 4 of Under Lock & Key No. 30. Based on the page numbers cited in the last couple notices we have received from your department it seems that pages containing the political ideology of MIM(Prisons) are being targeted for censorship. I would like to remind you of the law as established in Thornburgh v. Abbot, 490 U.S. 401:
"Wardens may not reject a publication 'solely because its content is religious, philosophical, political, social[,] sexual, or . . . unpopular or repugnant'"
I am requesting a review of the enclosed censorship decision. As I do so, I hope this legal standard will be kept in mind. And I, once again, request that you provide citation of how the newsletter in question violates the safety and security of the institution if you do uphold Ms. Lassiter's judgement.
Prisoner grieving censorship even though procedures are being undermined
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According to FDOC's grievance procedure on mail room violations, one must first give the Warden a written notice that one intends to appeal the decision of rejection. On the face of 2/17/13 i received the rejection slip, but the rejection dates at 2/8/13. According to procedures, one has 15 days to appeal the rejection. Though the DOC has went out of their way to hinder my fight by doing this, I still filed an appeal to the administrator of library services in Tallahassee.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incites, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
pgs 1,3,4,5,9,10,11,12,13,14,15 violate STandard H-7 by having text which describes gang material which could lead to the formation of said group inside a correctional facility[Download Documentation]
MIM Distributors says no notification of censorship is unconstitutional
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Warden Leland McEwen
Calipatria State Prison
P.O. Box 5001
Calipatria, CA 92233-5001
January 24th, 2012
RE: Censorship incident occurred at Calipatria State Prison ? exclusion of publication sent to prisoner xxx by MIM Distributors.
Dear Warden McEwen,
I am writing this letter about what seems to be a censorship incident that recently occurred at Calipatria State Prison.
MIM Distributors sent the above mentioned prisoner issue no. 23 of a publication titled Under Lock & Key.
We recently learned from the prisoner that he never received the publication. Nor did he receive any determination of your Department explaining whether and why the publication was censored. MIM Distributors didn?t receive any notice of censorship determination either.
Your DOM states at sections 54010.16 and 54010.21.3 that respectively prisoners and publishers have to be notified of negative determinations and entitles both the sender and the recipient to appeal rejections of publications and letters.
As of now, it is impossible for us to understand why the publication hasn?t been delivered to the prisoner and whether or not the Administration has decided to censor it.
As you are certainly aware of, the U.S. Supreme Court has clearly stated that both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender?s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)). In plain and striking contradiction with these principles, neither the prisoner, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publication sent to Mr. xxx.
In refusing to provide notice and an opportunity to be heard to both the prisoner and the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. ? 1983.
In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.
With the present letter, MIM Distributors requests
1. to know whether or not a determination has been made over the mentioned publication;
2. in case of a negative determination, to be notified of the reasons of the censorship decision and to be offered a chance to appeal the exclusion of its materials.
We also request that adequate notice be provided to the prisoner.
We appreciate your assistance in this matter and look forward to your response.
Sincerely,
MIM Distributors
CC: Affected parties
09/07/2012
Warden letter says prisoner agreed he received ULK23 and has not had censorship problems
03/08/2013
Prisoner notifies MIM(Prisons) he had an interview with a Lieutenant, but "I never received ULK 23"
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