Tracking Prison Censorship in the United States

. . .
MIM Distributors
PO Box 40799
San Francisco, CA 94140

Mailroom Supervisor
Bertie Correctional Institution
P.O. Box 129
Windsor, NC 27892

1 February 2010

Dear Sir/Madam.

This letter is regarding the censorship of several letters from MIM Distributors to XXX dating from December 2009 to the present. There are three letters in question. One is an introductory letter to the organization MIM(Prisons) that explains how prisoners can obtain free books, fight censorship with us, and MIM(Prisons)' program and ideology. It was mailed on 10 December 2009. The second letter that was censored is a more detailed informational letter about MIM(Prisons), or a frequently asked questions list. It was mailed on 23 December 2009. The third and most interesting letter that is in question was sent on 09 January 2010. This letter was all about how to fight censorship and follow the administrative appeals process to the highest level, by filing grievances.

All of these letters were returned to MIM Distributors with notice of rejection slips inside. We appreciate your mailroom staff's adherence to the law in this regard. However, we are incredibly confused as to how these letters could be rejected. One of the reasons cited on the notice is that they are all "threat[s] to institutional safety and security." That the censorship information pack could be considered a threat to security is bizarre and unconstitutional. From page 1 of the MIM(Prisons) introductory letter:

"Our current battles in the United States are legal ones. We encourage prisoners to join these battles while explicitly discouraging them from engaging in any violence or illegal acts. MIM(Prisons) and its publications explicitly oppose the use of armed struggle at this time in the imperialist countries (including the United States)."

How is it then that this mail could be considered a "threat to institutional safety and security"?

Also noted as a reason for censorship of these letters is that they "violate policy #.0109 (E.1)." We request that you (1) send MIM Distributors a copy of policy #.0109(E.1), (2) investigate why mailroom staff is incorrectly applying the "notice of rejection" to letters being mailed from MIM Distributors, and (3) allow XXX, and any other prisoner at Bertie Correctional Institution who so chooses, to communicate with MIM(Prisons) as allowed by law.

We look forward to your investigation and rectification of this problem. Please write to us at the address below with any questions.


Sincerely,

MIM Distributors

CC: Affected parties

Literature Review Committee
2601 Blair Stone Road
Tallahassee, Florida 32399-2500

18 January 2010

Dear Sir or Madam,

In December, 2009 the mail room at Florida State Prison (FSP) began returning mail coming from MIM Distributors. This letter is to request a review of these decisions and to re-establish contact with prisoners at FSP.

Mailroom personnel P. Goodman has signed off on a number of ?Unauthorized Mail Return Receipts? for mail sent to Mr. XXX YYY. Two packages of reading material were returned for the reasons that an ?excess of 15 pages? was enclosed. As a known distributor, any publications sent from MIM Distributors should be processed as ?Admissible Reading Material? in accordance with Florida Administrative Code Chapter 33-501.401and not as ?Routine Mail.? ?Admissible Reading Material? does not have a page limit. Many small run publications are printed on plain white paper, but are clearly not letters due to their size and content.

In a third return receipt from P. Goodman they claim that the letter somehow promotes violence or disruption because ?it about gangs.? A portion of the letter discusses the Crips in a historical context. It does not discuss or promote acts of violence or the breaking of any laws or rules. The court?s decision in Thornburgh v. Abbott, 490 U.S. 401 is clear that there must be a substantiated threat, and that censorship cannot be based on political or historical discussions.

Earlier in the same month, Issue 11 of the newsletter Under Lock & Key sent to a number of prisoners was impounded for review. This was done correctly applying Rule 33-501.401, yet on the notices none of the criteria set forth in Section (3) of the rule were specified to have been violated. The notice did list page numbers and descriptions of the content including, ?About Movements And gangs?, ?About (KKK)? and ?About Gangs?. Each description is factually correct, so the question is do these items violate any of the criteria laid out? As part of a prisoners? 1st Amendment rights protected under established case law, he may read, correspond with and participate in political organizations. Saying the word ?KKK? or ?gang? is not a threat to anyone.

I am requesting that 1) Under Lock & Key be released from impound and distributed to each subscriber, 2) that packages from MIM Distributors be handled as ?Admissible Reading Material? and not ?Routine Mail? and 3) that XXX YYY be allowed to read and study without harassment or undo restrictions. Please notify MIM Distributors at the address above of your decisions.

Sincerely,

Literature Review Committee
2601 Blair Stone Road
Tallahassee, Florida 32399-2500

18 January 2010

Dear Sir or Madam,

In December, 2009 the mail room at Florida State Prison (FSP) began returning mail coming from MIM Distributors. This letter is to request a review of these decisions and to re-establish contact with prisoners at FSP.

Mailroom personnel P. Goodman has signed off on a number of ?Unauthorized Mail Return Receipts? for mail sent to Mr. XXX YYY. Two packages of reading material were returned for the reasons that an ?excess of 15 pages? was enclosed. As a known distributor, any publications sent from MIM Distributors should be processed as ?Admissible Reading Material? in accordance with Florida Administrative Code Chapter 33-501.401and not as ?Routine Mail.? ?Admissible Reading Material? does not have a page limit. Many small run publications are printed on plain white paper, but are clearly not letters due to their size and content.

In a third return receipt from P. Goodman they claim that the letter somehow promotes violence or disruption because ?it about gangs.? A portion of the letter discusses the Crips in a historical context. It does not discuss or promote acts of violence or the breaking of any laws or rules. The court?s decision in Thornburgh v. Abbott, 490 U.S. 401 is clear that there must be a substantiated threat, and that censorship cannot be based on political or historical discussions.

Earlier in the same month, Issue 11 of the newsletter Under Lock & Key sent to a number of prisoners was impounded for review. This was done correctly applying Rule 33-501.401, yet on the notices none of the criteria set forth in Section (3) of the rule were specified to have been violated. The notice did list page numbers and descriptions of the content including, ?About Movements And gangs?, ?About (KKK)? and ?About Gangs?. Each description is factually correct, so the question is do these items violate any of the criteria laid out? As part of a prisoners? 1st Amendment rights protected under established case law, he may read, correspond with and participate in political organizations. Saying the word ?KKK? or ?gang? is not a threat to anyone.

I am requesting that 1) Under Lock & Key be released from impound and distributed to each subscriber, 2) that packages from MIM Distributors be handled as ?Admissible Reading Material? and not ?Routine Mail? and 3) that XXX YYY be allowed to read and study without harassment or undo restrictions. Please notify MIM Distributors at the address above of your decisions.

Sincerely,

Literature Review Committee
2601 Blair Stone Road
Tallahassee, Florida 32399-2500

18 January 2010

Dear Sir or Madam,

In December, 2009 the mail room at Florida State Prison (FSP) began returning mail coming from MIM Distributors. This letter is to request a review of these decisions and to re-establish contact with prisoners at FSP.

Mailroom personnel P. Goodman has signed off on a number of ?Unauthorized Mail Return Receipts? for mail sent to Mr. XXX YYY. Two packages of reading material were returned for the reasons that an ?excess of 15 pages? was enclosed. As a known distributor, any publications sent from MIM Distributors should be processed as ?Admissible Reading Material? in accordance with Florida Administrative Code Chapter 33-501.401and not as ?Routine Mail.? ?Admissible Reading Material? does not have a page limit. Many small run publications are printed on plain white paper, but are clearly not letters due to their size and content.

In a third return receipt from P. Goodman they claim that the letter somehow promotes violence or disruption because ?it about gangs.? A portion of the letter discusses the Crips in a historical context. It does not discuss or promote acts of violence or the breaking of any laws or rules. The court?s decision in Thornburgh v. Abbott, 490 U.S. 401 is clear that there must be a substantiated threat, and that censorship cannot be based on political or historical discussions.

Earlier in the same month, Issue 11 of the newsletter Under Lock & Key sent to a number of prisoners was impounded for review. This was done correctly applying Rule 33-501.401, yet on the notices none of the criteria set forth in Section (3) of the rule were specified to have been violated. The notice did list page numbers and descriptions of the content including, ?About Movements And gangs?, ?About (KKK)? and ?About Gangs?. Each description is factually correct, so the question is do these items violate any of the criteria laid out? As part of a prisoners? 1st Amendment rights protected under established case law, he may read, correspond with and participate in political organizations. Saying the word ?KKK? or ?gang? is not a threat to anyone.

I am requesting that 1) Under Lock & Key be released from impound and distributed to each subscriber, 2) that packages from MIM Distributors be handled as ?Admissible Reading Material? and not ?Routine Mail? and 3) that XXX YYY be allowed to read and study without harassment or undo restrictions. Please notify MIM Distributors at the address above of your decisions.

Sincerely,

Literature Review Committee
2601 Blair Stone Road
Tallahassee, Florida 32399-2500

18 January 2010

Dear Sir or Madam,

In December, 2009 the mail room at Florida State Prison (FSP) began returning mail coming from MIM Distributors. This letter is to request a review of these decisions and to re-establish contact with prisoners at FSP.

Mailroom personnel P. Goodman has signed off on a number of ?Unauthorized Mail Return Receipts? for mail sent to Mr. XXX YYY. Two packages of reading material were returned for the reasons that an ?excess of 15 pages? was enclosed. As a known distributor, any publications sent from MIM Distributors should be processed as ?Admissible Reading Material? in accordance with Florida Administrative Code Chapter 33-501.401and not as ?Routine Mail.? ?Admissible Reading Material? does not have a page limit. Many small run publications are printed on plain white paper, but are clearly not letters due to their size and content.

In a third return receipt from P. Goodman they claim that the letter somehow promotes violence or disruption because ?it about gangs.? A portion of the letter discusses the Crips in a historical context. It does not discuss or promote acts of violence or the breaking of any laws or rules. The court?s decision in Thornburgh v. Abbott, 490 U.S. 401 is clear that there must be a substantiated threat, and that censorship cannot be based on political or historical discussions.

Earlier in the same month, Issue 11 of the newsletter Under Lock & Key sent to a number of prisoners was impounded for review. This was done correctly applying Rule 33-501.401, yet on the notices none of the criteria set forth in Section (3) of the rule were specified to have been violated. The notice did list page numbers and descriptions of the content including, ?About Movements And gangs?, ?About (KKK)? and ?About Gangs?. Each description is factually correct, so the question is do these items violate any of the criteria laid out? As part of a prisoners? 1st Amendment rights protected under established case law, he may read, correspond with and participate in political organizations. Saying the word ?KKK? or ?gang? is not a threat to anyone.

I am requesting that 1) Under Lock & Key be released from impound and distributed to each subscriber, 2) that packages from MIM Distributors be handled as ?Admissible Reading Material? and not ?Routine Mail? and 3) that XXX YYY be allowed to read and study without harassment or undo restrictions. Please notify MIM Distributors at the address above of your decisions.

Sincerely,