Tracking Prison Censorship in the United States

August 28, 2017

Missouri Department of Corrections
Office of the Director
2927 Plaza Drive
Jefferson City, MO 65102

Re: Appeal of Censorship of Publication
Under Lock & Key Issue 56

To Whom It May Concern:

We have been notified of censorship by the Missouri Department of Corrections of issue 56 of Under Lock & Key (hereinafter, ULK) sent to XXXX. We are the publishers of Under Lock & Key. Our notification of censorship was received from a prisoner, not the Missouri Department of Corrections.

As the publisher, we have a First Amendment right to correspond with prisoners, including through publications such as Under Lock & Key. See Thornburgh v. Abbott, 490 U.S. 401, 407-08 (1989). The publisher also has a due process right to adequate notice of censorship. See Lane v. Lombardi, 2:12-cv-4219 (W.D. Mo. Nov. 15, 2012).

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) (emphasis added).

We demand the Missouri Department of Corrections provide notice as to the publication censored and most importantly detailed reasons for such censorship with specific references to the material found to be objectionable. We reserve our right to appeal any censorship of ULK upon receipt of said notice.

We also have reason to believe that the Missouri Department of Corrections is excluding all issues of Under Lock & Key pursuant to a “blanket ban” on the publication. As you are aware such a “blanket ban” has been found to violate a publisher’s rights to due process. If this in fact the case, we demand the Missouri Department of Correctios cease such a “blanket ban” immediately. An individualized review of the content of each issue of a publication must be reviewed prior to it being censored. Lane.

Please note we are requesting a copy of any records relating to all issues of Under Lock & Key censored by the Missouri Department of Corrections, to include date of censorship, issue number, and reason for censorship.

As a general response to the censorship, and without waiving our objection to the failure to provide notice, we have reviewed ULK and do not believe it meets the criteria for censorship as outlined in Missouri Department of Corrections Censorship Procedure IS13-1.2.

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.

You may reply to the address listed.


Sincerely,


MIM Distributors