MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Middle River Regional Jail
Office of the Superintendent
350 Technology Drive
PO Box 2744
Staunton, VA 24402
Re: Appeal of Censorship of Publication
Under Lock & Key January/February 2018 & March/April Issues
Inmate XX
To Whom It May Concern:
We have been advised that the two issues of Under Lock & Key, referenced above, have been censored by your facility. You have failed to provide notice to us as the sender/publisher. Further, the notice you have provided to Mr. XXXXXX is inadequate as a matter of law. Your facility is neither a state correctional facility nor an institution governed by the rules and regulations of the Virginia Department of Corrections, therefore you must make an individualized determination as to each publication based on your policies, pursuant to a clear and convincing standard, as required by the Virginia Administrative Code (the “Code”).
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).
As such, we object to your failure to provide notice to us, the sender/publisher, of the censorship and opportunity to appeal as required by law. Please provide a notice of censorship which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter. We direct your attention to § 630 of the Code.
We further note that the standard you cite, 6VAC15-4D-650, provides the sender “shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure.” Courts in the United States have long held a First Amendment right exists to protect the right of correspondence with prisoners. As previously noted a publisher or distributor must be given a meaningful opportunity to challenge any censorship. The law is clear, you are required to notify the sender/publisher of any censorship, so they may have the opportunity to appeal such censorship. Any failure to act within fifteen (15) days of the receipt of this letter may result in appropriate legal action being taken against the Middle River Regional Jail.
Please govern yourself accordingly.
Sincerely,
MIM Distributors
06/05/2018
Operations specialist will consider appeal if we re-send ULKs that were censored
Middle River Regional Jail
Office of the Superintendent
350 Technology Drive
PO Box 2744
Staunton, VA 24402
Re: Appeal of Censorship of Publication
Under Lock & Key January/February 2018 & March/April Issues
To Whom It May Concern:
We have been advised that the two issues of Under Lock & Key, referenced above, have been censored by your facility. You have failed to provide notice to us as the sender/publisher. Further, the notice you have provided to Mr. XXXXXX is inadequate as a matter of law. Your facility is neither a state correctional facility nor an institution governed by the rules and regulations of the Virginia Department of Corrections, therefore you must make an individualized determination as to each publication based on your policies, pursuant to a clear and convincing standard, as required by the Virginia Administrative Code (the “Code”).
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).
As such, we object to your failure to provide notice to us, the sender/publisher, of the censorship and opportunity to appeal as required by law. Please provide a notice of censorship which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter. We direct your attention to § 630 of the Code.
We further note that the standard you cite, 6VAC15-4D-650, provides the sender “shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure.” Courts in the United States have long held a First Amendment right exists to protect the right of correspondence with prisoners. As previously noted a publisher or distributor must be given a meaningful opportunity to challenge any censorship. The law is clear, you are required to notify the sender/publisher of any censorship, so they may have the opportunity to appeal such censorship. Any failure to act within fifteen (15) days of the receipt of this letter may result in appropriate legal action being taken against the Middle River Regional Jail.
Please govern yourself accordingly.
Sincerely,
MIM Distributors
06/05/2018
Operations Specialist will review denial if we re-send the ULKs denied
publisher notification: page 5, front cover: materia that emphasizes depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity in violation of state or feeral laws or the violation of the Offender Disciplinary Procedure
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 55
To Whom It May Concern:
We are in receipt of your correspondence dated August 8, 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 August 14, 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 (H)(D&F). The Notice cited to the cover and page five (5) 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).
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. The articles on the cover and page 5, fall within the noted exception of subsection (D) as storytelling and moral teaching and do not promote violence or insurrection. This is clear on the face of the referenced pages of the publication.
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 sections of ULK shows there are no such references.
We request the decision of the Publication Review Committee be vacated and issue 55 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.
You may reply to the address listed.
Sincerely,
MIM Distributors
PO Box 40799
San Francisco, CA 94140
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.
Prisoner filed offender request with mailroom
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Why Agusta Correctional Center mailroom h ave been returning to sender approval publication MIM Distributors newsletters (Under Lock & Key)? According to MIM Distributors. Which I have received several issues here at this institution. Furthermore, Murphy v. Missouri DOC, 814 F.2d 1252 - an inmate whose mail is withheld must receive notice, an opportunity to be heard, and an opportunity to appeal to a prison official who was not involved in the original censorship decision, MIM(Prisons).
09/18/2017
Mailroom responds to prisoner request
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The mailroom has no record of returning any newsletters, if we had, we would have sent you a copy. Please ask MIM why it was returned - was it from the post office or did it not address offender name and number info on envelope? All Lock & Key newsletters have been forwarded to offenders, and are approved on each issue basis.
Formal letter to publisher regarding banning of ULK54
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To the publisher:
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:
Under Lock & Key, Jan/Feb 2017 No. 54, page 15
for the following reasons:
F. Material that depicts, describes, or promoted gang bylaws, initiations, organizational structure, codes, or other gang-related activity or association.
you may obtain an independent review of this decision by writing, within fifteen calendar days, to the Deputy Director, Division of Operations, Virginia Department of Corrections, PO Box 26963, Richmond, Virginia 23261.
Material, documents or photographs that empasize 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.
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.
Emphasize depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity. Depicts, describes, or promotes gang-related activity or association. Disapproved based on prior review by the Publication Review Committee
Material, documents, or photographs that emphasize depictions or promotions of violence, disorer, insurrection, terrorist, or criminal activity in violation of state or federal laws or the violation of the Offender Disciplinary Procedure
Formal notification of disapproval of publication to all VA prisoners
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To the Publisher:
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:
MIM Theory - Diet for a Small Red Planet #5
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 actiity or association.
you may obtain 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 26963, Richmond, Virginia 23261.
Formal notification of disapproval of this publication to all VA prisoners
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To the Publisher:
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:
Under Lock & Key - July/August 2016, No.51
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.
you may obtain 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 26963, Richmond, Virginia 23261.