Tracking Prison Censorship in the United States

(c) It contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots or security threat group activity.

Remarks: Pages 3 & 8 contain information on a hunger strike

Does offender wish to appeal the denial? Non-Appealable

DRC upheld the denial on 7/23/12

They denied ULK 45 because it said it could incite strikes by telling about others doing it.

I appealed, but it was denied anyway.

Check appropriate cause for denial and state appropriate reason:
[checked] Enclosure

DENIED: 1 oversized world map

RECEIVED: 1 invoice

Does offender wish to appeal the decision? No. 11/20/2015

Disposition: Destroy 11/20/2015

I am writing you just to inform you about the last newsletter or document you send to me in September, which I was notified by prison officials, especially mailroom, that I cannot have such paper.

It was confiscated on grounds that it contained material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruptions such as strikes, riots or security threat group activity.

for this reason I was not allowed to have it and it was destroyed. i didn't even have a chance to see its contents. It was on September 11 when that happened.

(c) It contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots or security threat group activity.

Remarks: pg 234 promotes peaceful protests, noncooperations, hunger strike and no labor

Does offender wish to appeal the denial? Yes

Rick Thaler, Director
Texas Department of Criminal Justice
Correctional Institutions Division
P.O. Box 99
Huntsville, Texas 77342

November 14, 2015

RE: Illegal censorship of book to Mr. xx

Dear Director Thaler,

On September 28, 2015 MIM Distributors mailed a book titled Power and the Struggle for Aztlan to the above named prisoner held at Allred Unit in Iowa Park, TX. This book was not returned to MIM Distributors, and it was not received by Mr. xx. MIM Distributors was not sent any notification for this censorship, and we would not have known the book was censored except that Mr. xx informed us himself. MIM Distributors was not sent a Publication Receipt and Course of Action Form DOC0211 regarding this incident.

Per Texas DOC policy (BP-03.91 (rev.3)): "V. B. Any offender, other correspondent, or sender of a publication may appeal the rejection of any correspondence or publication. They may submit written evidence or arguments in support of their appeal. An offender or a correspondent may appeal the placement of the correspondent on the offender's negative mailing list. An offender or a correspondent may appeal to the DRC for reconsideration of the negative mailing list placement after six months." Based on this we formally request an appeal of this censorship.

In your review of this censorship, please note that your own policy (BP-03.91 (rev.3)) states: "Publications shall not be rejected solely because the publication advocates the legitimate use of offender grievance procedures, urges offenders to contact public representatives about prison conditions, or contains criticism of prison authorities." In order to reject these publications for content, per your policy, you must demonstrate that the publication "contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots, or STG activity".

As you are certainly aware, the U.S. Supreme Court has clearly stated that both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender’s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)). In plain and striking contradiction with these principles, neither the prisoners, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publications listed above.

In refusing to provide notice and an opportunity to be heard to both the prisoners and the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. § 1983.

In addition, the reason that was cited to censor this material to Mr. xx is invalid. The reason given was that it “promotes peaceful protests, non cooperation, hunger strike, no labor.” But the book does not promote these activities.

In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.

Sincerely,



CC: Affected parties

Rick Thaler, Director
Texas Department of Criminal Justice
Correctional Institutions Division
P.O. Box 99
Huntsville, Texas 77342

November 12, 2015

RE: Illegal censorship of book to Mr. xxx

Dear Director Thaler,

On October 5, 2015 MIM Distributors mailed a book titled Power and the Struggle for Aztlan to the above named prisoner held at Garza East Unit in Beeville, TX. This book was not returned to MIM Distributors, and it was not received by Mr. xx. MIM Distributors was not sent any notification for this censorship, and we would not have known the book was censored except that Mr. xx informed us himself. MIM Distributors was not sent a Publication Receipt and Course of Action Form DOC0211 regarding this incident.

Per Texas DOC policy (BP-03.91 (rev.3)): "V. B. Any offender, other correspondent, or sender of a publication may appeal the rejection of any correspondence or publication. They may submit written evidence or arguments in support of their appeal. An offender or a correspondent may appeal the placement of the correspondent on the offender?s negative mailing list. An offender or a correspondent may appeal to the DRC for reconsideration of the negative mailing list placement after six months." Based on this we formally request an appeal of this censorship.

In your review of this censorship, please note that your own policy (BP-03.91 (rev.3)) states: "Publications shall not be rejected solely because the publication advocates the legitimate use of offender grievance procedures, urges offenders to contact public representatives about prison conditions, or contains criticism of prison authorities." In order to reject these publications for content, per your policy, you must demonstrate that the publication "contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots, or STG activity".

As you are certainly aware, the U.S. Supreme Court has clearly stated that both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender’s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)). In plain and striking contradiction with these principles, neither the prisoners, nor MIM Distributors were notified of the censorship decision or actually of any decisions that the Mailroom staff has made with regard to the publications listed above.

In refusing to provide notice and an opportunity to be heard to both the prisoners and the publisher (MIM Distributors), under local policies and/or practices, prison administrators and staff violated clearly established constitutional law and acted under color of state law for purposes of 42 U.S.C. § 1983.

In addition, the practice of holding publications and/or letters for an indefinite time without providing notice of any determination is certainly unconstitutional, as it does not satisfy the obligation that the prison administration has to provide both the sender and the recipient with a decision in a reasonable time and ultimately frustrates the right that both the sender and the prisoner have to appeal a negative determination.

Sincerely,

MIM Distributors

CC: Affected parties