Tracking Prison Censorship in the United States

Before the official notice was sent to MIM Distributors, this subscriber received notification of the disapproval and filed an appeal. People at this prison recently staged a hunger strike and successfully negotiated to be able to receive the publications they want. But the struggle continues.

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

17 July 2016

RE: censorship of Under Lock & Key No. 50

Dear Sir/Madam,

This letter is in response to the Letter to Publisher, dated 5 July 2016, from Publication Review Committee Chair, Doug Pardue. It states that Under Lock Key issue 50 has been censored for “encourages insurrection and disorder” on p.8.

The article on page 8 discusses the history of the Black Panther Party and in particular its practice of patrolling the police in the Black community as a means of protecting people from potentially deadly interactions, a problem that continues to plague our society today. In no part of the analysis does it encourage insurrection or disorder within the institutions of the NCDPS. It promotes order in the oppressed communities.

As I reiterate with your office every two months, Under Lock & Key explicitly opposes prisoners taking up violence or insurrection in every issue. The continued claims that ULK promotes insurrection and disorder in every issue do not seem connected to the objectives of your department.

I am requesting that upon review of this incident that you will keep ULK 50 off of the list of banned publications, and deliver the copies that we have mailed to each subscriber held in your institutions.

The publication was denied due to referencing criminal misconduct or facility misconduct. I have personally reviewed pages seventeen and eighteen of the publication and can state that there is specific references related to facility misconduct, specific to unauthorized group activity.

Based upon what is noted above, it is my decision to uphold the review committee's decision. I find that the grievance has no merit and is therefore denied.

The complainant contend that the contents contained in the publication "Under Lock and Key May/June 2016 No. 50" doesn't cause disorder or violence, nor will it hurt his rehabilitation. he also contends that his "Under Lock and Key" publications are being denied because they are communist in text. However, prison officials must abide by the Fourteenth Amendment, which guarantees equal protection of the laws to all citizens. This means that, for example, prison officials cannot ban access to materials targeted to a communist audience, if they do not ban similar materials popular among other political parties.

Your administrative appeal has been reviewed and evaluated. You appeal the impoundment of the following publication: Under Lock and Key, May/June 2016, issue 50.

On July 6, 2016 the Literature Review Committee reviewed teh subject matter content in question submitted by the institution. It was determined to contain subject matter that is inadmissible per Rule 33-501.401(3)(g)(m).

The department may prohibit admission of materials or publication sif they are determined to be detrimental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disorder at that facility. Chapter 33-501.401, requires that publications be reviewed and a determination made by one institution .The determination made by that institution affects all other institutions; however, as a result of an individual institution's determination, all impounded publicaitons are reviewed and either approved or rejected by the department's Literature Review Committee as required by rule. Therefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.

Based on the above information your administrative appeal is denied.

This is a history book to the Aztec culture and Latino struggle in the United States. This is not no threat to anyone and this facility! Mail room is always having something to either confiscate or say about my mail.

As stated on the 11984 the book was DELAYED to STG. They will determine if the book is to be confiscated or not. The offender needs to wait until a decision is made before filing a grievance