MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Department of Corrections
ATTN: Library Service Administrator
501 S Calhoun St
Tallahassee, FL 32399-2500
September 13, 2015
RE: Impounding of Under Lock & Key No. 44 and ULK45
Dear Ms. Morrison,
This letter is in response to notifications received by prisoners throughout the Florida prison system regarding the impounding of Under Lock & Key No. 44 and 45 . The purpose of this letter is to appeal this decisions and have the newsletters delivered. As you know, many prisoners throughout the Florida system were affected by this decision but because Florida refuses to follow it's own rules and the Fourteenth Amendment Due Process requirements and notify us each time mail is rejected we have only received notifications of a few instances directly. As you know from previous correspondence, we have an ongoing problem with Florida prisons failing to notify us of denial of our publications. I am once again insisting that the FDOC follow its own policies and respect the publisher's rights to Due Process under the Fourteenth Amendment (see Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
Regarding the reasons for denial, the vague "threat to security, good order, or discipline of the correctional system or the safety of any person" continues to be the justification. For ULK 45 a few prisons made a cursory attempt to justify this decision by listing page numbers that were found to violate Section (3) of Rule 33-501.401. While we're pleased to see Florida DOC attempting to follow it's own policies by actually providing some reasons for impounding Under Lock & Key, the items listed can not be construed as a threat to security. This includes:
1. "PG 5,9,10 Is ULK too Hardcore for the DOC by a FL Inmate" This was a report about Florida censoring ULK. It's interesting that reporting on this censorship is now justification for further censorship. Can you please explain how this reporting is a threat to security and good order?
2. "PG: 12 Payment by stamps" There is a request that prisoners send in stamps to MIM(prisons) to cover the cost of the free distribution of ULK and other literature they want. But we are clear that they should only do this where institution rules allow. And surely you can not really suggest that this request is a threat to security?
3. "Front cover: STG Symbols." On the cover of this publication there was artwork that read "Each One Teach One" representing the educational goal of this issue of ULK which was focused on promoting education and study within prison. Does the FL DOC claim that education is a threat to security? Or perhaps it was the hammer and sickle that the FL DOC has now classified as an STG Symbol? We request that you specify exactly what was an STG symbol on the front cover.
The Supreme Court decision governing the First Amendment in prisons in the United States (Thornburgh, 490 U.S. at 416 n.14) is clear that regulations barring writings that "express 'inflammatory political, racial, religious or other views'" were not sufficiently "neutral" or "unrelated to the suppression of expression" to be legally allowable. The ongoing censorship of Under Lock & Key by the Florida DOC is a clear violation of the Thornburgh ruling as statements of political views alone can not be used to deny literature to prisoners. The employee who reviewed this publication and the Literature Review Committee may not agree with the content of the newsletter, but that does not justify censorship.
This letter is a formal request for appeal of these denials. Should you once again decide to uphold the censorship, we formally request that you provide a clear response regarding the reasons for denial of ULK44 and ULK45 to prisoners in Florida.
Sincerely,
MIM Distributors
PO Box 40799
San Francisco, CA 94140
Department of Corrections
ATTN: Library Service Administrator
501 S Calhoun St
Tallahassee, FL 32399-2500
September 13, 2015
RE: Impounding of Under Lock & Key No. 44 and ULK45
Dear Ms. Morrison,
This letter is in response to notifications received by prisoners throughout the Florida prison system regarding the impounding of Under Lock & Key No. 44 and 45 . The purpose of this letter is to appeal this decisions and have the newsletters delivered. As you know, many prisoners throughout the Florida system were affected by this decision but because Florida refuses to follow it's own rules and the Fourteenth Amendment Due Process requirements and notify us each time mail is rejected we have only received notifications of a few instances directly. As you know from previous correspondence, we have an ongoing problem with Florida prisons failing to notify us of denial of our publications. I am once again insisting that the FDOC follow its own policies and respect the publisher's rights to Due Process under the Fourteenth Amendment (see Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
Regarding the reasons for denial, the vague "threat to security, good order, or discipline of the correctional system or the safety of any person" continues to be the justification. For ULK 45 a few prisons made a cursory attempt to justify this decision by listing page numbers that were found to violate Section (3) of Rule 33-501.401. While we're pleased to see Florida DOC attempting to follow it's own policies by actually providing some reasons for impounding Under Lock & Key, the items listed can not be construed as a threat to security. This includes:
1. "PG 5,9,10 Is ULK too Hardcore for the DOC by a FL Inmate" This was a report about Florida censoring ULK. It's interesting that reporting on this censorship is now justification for further censorship. Can you please explain how this reporting is a threat to security and good order?
2. "PG: 12 Payment by stamps" There is a request that prisoners send in stamps to MIM(prisons) to cover the cost of the free distribution of ULK and other literature they want. But we are clear that they should only do this where institution rules allow. And surely you can not really suggest that this request is a threat to security?
3. "Front cover: STG Symbols." On the cover of this publication there was artwork that read "Each One Teach One" representing the educational goal of this issue of ULK which was focused on promoting education and study within prison. Does the FL DOC claim that education is a threat to security? Or perhaps it was the hammer and sickle that the FL DOC has now classified as an STG Symbol? We request that you specify exactly what was an STG symbol on the front cover.
The Supreme Court decision governing the First Amendment in prisons in the United States (Thornburgh, 490 U.S. at 416 n.14) is clear that regulations barring writings that "express 'inflammatory political, racial, religious or other views'" were not sufficiently "neutral" or "unrelated to the suppression of expression" to be legally allowable. The ongoing censorship of Under Lock & Key by the Florida DOC is a clear violation of the Thornburgh ruling as statements of political views alone can not be used to deny literature to prisoners. The employee who reviewed this publication and the Literature Review Committee may not agree with the content of the newsletter, but that does not justify censorship.
This letter is a formal request for appeal of these denials. Should you once again decide to uphold the censorship, we formally request that you provide a clear response regarding the reasons for denial of ULK44 and ULK45 to prisoners in Florida.
Sincerely,
MIM Distributors
PO Box 40799
San Francisco, CA 94140
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
(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: pgs 1 & 6 contain information detailing prison strikes
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
(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.
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
Form Filed: TDCJ Publication Review/Denial Notification
(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: Pgs 1 + 6 contain information detailing prison strikes
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
(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 1 and 6 contain information detailing prison strikes
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
(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 1, 6 contains information detailing prison strikes
Form Filed: Publication Denial Notification from Mail System Coordinator Panel
Show Text
(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: Reason C. Pages 1 & 6 contain information detailing prison strikes.
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
(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 1 + 6 contain information detailing prison strikes
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
(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: pgs. 1 + 6 contain information detailing prison strikes
Form Filed: TDCJ Publication Review/Denial Notification
Show Text
(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: pgs 1 + 6 contains information on detailing prison strikes
(c) It contains material that a reasonable person would construe as written solely for the pirpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots or security threat group activity.
Page 6 contains material of a racial nature.
05/11/2015
Prisoner informed MIM(Prisons) about censorship, did we get it?
Show Text
On No. 35 Nov 2013, I had to send it back. They would not let me have it. Did yall get it? Also I sent yall all the paperwork to show why they denied it. Did yall get it? I've wrote to find out why they take so long to send me my ULK and I've not heard nothing back. Want to thank you for all the newsletters and all the assistance.
![[Download Documentation]](https://www.prisoncensorship.info//docs/c6364.jpg){kind=link}