Tracking Prison Censorship in the United States

FORM FILED: Publication review/denial notification

reason (c)

Remarks: RSN C page 13 contains information that could cause a prison strike and prison disruption

Forwarded from prisoner to MIMP

Reason (c) Remarks: Pg 13 contains information that would cause a prison strike and prison disruption.

Warden Pat L. Vazquez
California Correctional Institution
PO Box 1031
Tehachapi, CA 93561

3 October 2016

RE: Disapproval of Publication

Mrs. Vazquez,

It was recently brought to my attention that Mr. XXXXXX M. XXXXXX (XXXXXX), a long-time subscriber, has reported that he was denied issue 51 of the newsletter Under Lock & Key. This is the first time in over six years in CDCR facilities that he has been denied an issue of ULK and he asked us to look into it on his behalf. To date, no notification of censorship has been received by MIM Distributors. The purpose of this letter is to pre-emptively request a review of this action.

Mr. XXXXXX reports receiving a notice dated 7 September 2016, which states that the issue in question “presents a serious threat to the facility/CDCR.” At this point it is not clear to me what part of the newsletter was found threatening or why. However, in reviewing the publication in question there did not seem to be anything threatening, nor anything out of the ordinary from other issues of the newsletter.

Can you please look into this matter. I am requesting that issue 51 be delivered to subscribers at CCI. If this is not done, can you please provide documentation for the reasoning for the censorship?


Thank you for your time and attention to this matter,

(sent from prisoner to MIM(Prisons))

Content

Denied: Newsletter promoting prison disruption

Faye Daniels, Superintendent III
Pamlico Correctional Institution
601 North Third St.
Bayboro, NC 28515

24 December 2016

RE: censorship of mail

Dear Sir/Madam,

I have just received your “Notice to Inmate, Addressee/Sender of Mail Censorship & Appeal/Waiver Form” dated 12 December 2016. The censored contents are described as “One (1) newsletter – Contraband” and the reason given is that “newsletter promoting prisoner work stopages and additional anti-authority activities is not authorized as personal property.” While the item censored is not specified, I'm assuming it was issue 53 of Under Lock & Key, mailed to Mr. XXXXXX on 5 December 2016. I am requesting a review of your decision to censor the mail in question.

The law only allows a restriction on the First Amendment right to free speech of a publisher if it poses a direct threat to legitimate penological interests within the prison (see Turner v. Safley, 482 U.S. 78, 89-90 (1987)). While you do not specify what content you found objectionable, every issue of Under Lock & Key is very clear in that it does not promote breaking any laws or causing of violence. The state of North Carolina cannot legally censor material because it expresses ideas that criticize political or economic institutions or that are “anti-authority.”

In light of this, I hope you will see it as appropriate to repeal this decision to censor ULK, and deliver the mail to Mr. XXXXXX.

Code D
Page Number(s): 24
Reason for Disapproval: Survey promotes possible disorder against prison security

Director of Rehabilitative Programs and Services
North Carolina Department of Public Safety, Prisons
MSC 4221
Raleigh, NC 27699-4221

14 January 2017

RE: censorship of Under Lock & Key No. 53

Dear Sir/Madam,

This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of Under Lock & Key No. 53, Nov/Dec 2016. The reason given was that the “Survey [on p.24] promotes possible disorder against prison security.”

The survey in question is merely asking prisoners to report facts about their facility regarding the use of solitary confinement. How this could be a legally justifiable reason to censor MIM Distributors' mail is beyond me. I am requesting a review of this decision and that you please deliver the newsletter in question to the subscribers held by NCDPS.

Thank you for your time and attention in this matter,