Tracking Prison Censorship in the United States

T. Walser, Asst. Supt. of Custody and Operations
Polk Correctional Institution
PO Box 2500
Butner, NC 27509

28 May 2009

Asst. Supt. Walser,

We recently received your ?Censorship & Appeal/Waiver Form? regarding the censorship of issue #7 of Under Lock & Key that was mailed to Mr. XXXXXX XXXXXX from MIM Distributors. You first cite D.0310( C ) as the reason. That rule states that the mail concerns sending contraband such as stamps, cash or stickers. The newsletter is mailed to thousands all over the country in the same format and I can assure you that it contained no such contraband.

The disapproval reason page also has text entered in reason D.0310(E). This text claims that ULK 7 could be a threat to safety and security if distributed. I think that upon review, if you read the content of the newsletter you will find that the whole message of ULK 7 is to promote defending human rights via legal avenues while opposing the use of violent or illegal retaliation for abuse within prisons.

It is confusing because the reason states that it ?could be detrimental to the safety and security of the information.?, perhaps this is a typo? If so what exactly is it a threat to the safety and security of? Can you cite the paragraph, article and page that could pose such risk?

The main message of ULK 7 is to promote peaceful means of dealing with conflicts and abuse within prisons, so I find it odd that the department chose to censor this publication for the reason given. If upon review you are not convinced that Mr. XXXXXX should receive ULK 7, please notify us of such decision and your reasoning behind it.


Thank you for your time,

K. Brandon, Correctional Captain
Pelican Bay State Prison
PO Box 7000
Crescent City, CA 95531-7000

29 May 2009

Dear K. Brandon,

In late April you sent a memo signed by you on 4/21/2009 stating that 3 letters from MIM Distributors had been censored due to the statewide ban. Subsequently, a 5/4/2009 letter from you acknowledges that said ban was overturned 6 months prior. Finally, we received a new ?Stopped Mail Notification?, presumably for the same 3 pieces of mail stating that they were ?contraband? and a ?threat to penalogical interests.? The explanation reads ?CONTENT INCITES REVOLUTIONARY IDEOLOGIES.?

The three pieces of mail sent to the prisoner during the period in question were an introductory letter to MIM(Prisons) work with prisoners, issue 7 of the newsletter Under Lock & Key and a copy of the letter sent to the warden on 4/6/2009 by our office explaining that you were operating on an outdated department memo. So you are saying that a letter to the warden about CDCR policies is a threat to penalogical interests? The main point made in issue 7 of Under Lock & Key is that it is against the interests of prisoners to encourage violent confrontations with others when facing frustrations (the intro letter echoes this belief). ULK 7 also argues that the prevention of legal rights and avenues for redress of complaints to prisoners is a strategy to promote violence in prisons. Are these expressed ideas in ULK 7 a threat to the interests of the CDCR as you see them?

Finally, your justification for the censorship given on the notification dated on 4/15/2009, but mailed 5/13/2009 after acknowledging MIM Distributors is not banned by CDCR, assumes a role for the IGI that is threatening to Constitutional rights. Thornburgh, 490 U.S. at 416 n.14 is clear that political ideology cannot be used to verify a written document as a ?threat to penalogical interests.?

If you cannot cite a specific action in each of the three pieces of mail in question that poses a threat then your actions are not based in U.S. law.

If, on the other hand, you see the promotion of non-violent behavior in prisons and legal action on behalf of prisoners? rights as a threat to penalogical interests, then we will take our concerns elsewhere. Either way, we will appreciate your response so that we can address our concerns through the appropriate avenues.

Thank you for your time,

Mr. Michael Thurmer, Warden
Waupun Correctional Institution
PO Box 351
Waupun, WI 53963-0351

27 April 2009


Dear Mr. Thurmer,

Thank you for addressing my concerns from the March letter I sent regarding censorship of mail from MIM Distributors to Mr. XXXXXX XXXXXX (#XXXXXX). Unfortunately, we seem to be facing the same problem. Only this time, the reasoning for the censorship seems to be disagreements that Capt. Muraski has with the content of the newsletter. The captain?s problem with page 2 is regarding a factual statement about history. Then on page 10 the cite is of an article that is critical of practices carried out by the Oklahoma Department of Corrections.

As I pointed out in my last letter XXXXXX v. Raemisch, (W.D.W.I. 2008), re-established that it is illegal for prison administrators to censor publications because they are critical of the actions of the department they work for. Therefore, it would follow that you cannot censor materials for being critical of the practices of another state?s department.

I hope that you can once again ensure that Mr. XXXXXX receives Under Lock & Key issue 7. In addition, I request that staff that are responsible for reviewing mail coming into Waupun CI be briefed on the current laws and regulations applying to their job so that we can avoid this problem in the future.

Thank you,

Dawn Grounds, Warden
Hughes Unit
Rt 2 Box 4400
Gatesville, TX 76597-0001

19 January 2009

Warden Dawn Grounds,

In October I had written to you regarding a number of pieces of mail from MIM Distributors that were returned to sender from Hughes Unit with no reason given. Just recently, it has been brought to my attention that another stack of returned mail has come back from Hughes Unit more than a month after it was sent out. To date no reason has been given to MIM Distributors or to any of the prisoners that our office has been in contact with to explain this censorship. None of the mail has been opened, so it seems it is not based on the content of the mail, but many, if not all, of the prisoners are still being housed at Hughes Unit.

Can you please look into this and let me know what is happening with MIM?s mail that is causing it to be returned like?

Sincerely,

Travis Trani, Warden
Limon Correctional Facility
49030 State Hwy 71
Limon, 80826
April 22, 2009
Warden Trani,

This letter is in reference to mail that MIM Distributors, San Francisco, CA has sent to XXXX who is a prisoner in Limon Correctional Facility. The document was a newsletter titled Under Lock & Key. It was sent to the Reading Committee for review on February 25, 2009.

Why is this newsletter being censored? What is the status of its review? Your clarity on this issue would be greatly appreciated.

Sincerely,

MIM(Prisons)

CC: Affected parties.

Ms. Cathie Holst, Manager
Office of Correctional Legal Services
2862 South Circle Drive, Suite 150
Colorado Springs, CO 80906-4195
April 22, 2009
Ms. Holst,

This letter is to inquire about the status of a document that was sent to the Reading Committee on February 25, 2009. The document was a newsletter titled Under Lock & Key and it was sent from MIM Distributors in San Francisco, CA. It was censored from prisoner XXXX at Limon Correctional Facility.

Why is this newsletter being censored? What is the status of its review? Your clarity on this issue would be greatly appreciated.

Sincerely,

MIM(Prisons)

CC: Affected parties.

Warden Francisco Jacquez
Pelican Bay State Prison
PO Box 7000
Crescent City, CA 95531-7000

6 April 2009

Mr. Jacquez,

This letter is to request a review of the decision by staff member K. Brandon to censor mail sent by MIM Distributors to Mr. XXXXXXXX (XXXXXX).

Brandon incorrectly cites a memo from 2006 to justify rejecting any mail coming from MIM Distributors. According to the Centralized List of Disapproved Publications, dated October 21, 2008, ?The centralized list of disapproved publications supersedes any prior departmental or facility memoranda regarding banned publications. Facilities must use only the most updated version of the centralized list to identify publications subject to a general ban.? MIM Distributors does not appear on this list.

I am requesting that the mail in question be released by ISU and given to Mr. XXXXXXX and that the October 18, 2008 memo be distributed to staff as required by said memo and the lawsuit that preceded it. If you do not deliver these items to Mr. XXXXXXX then I am requesting an explanation of your refusal that complies with current rules and laws.


Thank you for your time,