Tracking Prison Censorship in the United States

Publication Review Committee
Pontiac Correctional Center
PO Box 99
Pontiac, IL 61764-0099

April 6, 2015

RE: Illegal censorship of letter to Mr. XXX

Dear PRC,

MIM Distributors mailed the following items to the above-named prisoner held at Pontiac Correctional Center:

Under Lock & Key 41 sent 12/10/2014
Under Lock & Key 27 sent 10/23/2014
Under Lock & Key 26 sent 10/23/2014
MIM Theory 5 sent 10/23/2014
MIM Theory 4 sent 10/23/2014
Tips for writing articles sent 10/21/2014
Socioeconomic survey sent 10/20/2014

These letters and publications were neither returned to MIM Distributors nor received by Mr. XXX. Nor were we sent a Publication Receipt and Course of Action Form DOC0211 regarding this incident.

As you are no doubt aware, Departmental Rule 525, Section 525,140 (d), which states: "All incoming non-privileged mail, including mail from clerks of courts, shall be opened and inspected for contraband." In addition, Departmental Rule 525.140 (h) states: "When an offender is prohibited from receiving a letter or portions thereof, the committed person and the sender shall be notified in writing of this decision." By failing to notify both Mr Haynes and MIM Distributors the facility is clearly in violation of D.R. 525.140.

As you are likely aware, the U.S. Supreme Court also 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 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,

Thank you for informing me that my subscription of ULK had been returned to sender. I wrote to the Mail Room Clerk here at Boyd and demanded to know not only why my mail was being censored but why was I not informed or given the chance to appeal the decision. The mail room wrote me back and told me that they send every issue of ULK for review to Huntsville and that Huntsville decides whether to send it back to me or to return it to MIM. However she claims this is not censorship, which I find both comical as well as insulting. I have filed a Step 1 grievance and written a letter directly to Huntsville as well and still await a response to both. In the meantime I am researching relevant case law in perparation. I will keep you informed of any changes.

Cynthia Tilley, Senior Warden
Boyd Unit
200 Spur 113
Teague, TX 75860-2007

March 22, 2015

RE: Illegal censorship of pubilcation to Mr.xxx at Boyd Unit

Dear Warden Tilley,

On January 30, 2015 MIM Distributors mailed a publication Under Lock & Key No. 42 (January/February 2015) to the above named prisoner held at Boyd Unit. This newsletter was not returned to MIM Distributors, it was not received by Mr. xxx, and no notification was given to either party (the sender or the intended recipient) that this item was going to be intercepted from delivery to Mr. xxx. Neither MIM Distributors nor Mr. xxx were 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

Contains material that threatens or is detrimental to the security, safety, health, good order, or discipline of the facility, inmate rehabilitation or facilitates criminal activity: 1G

Cite specific article(s) and page number(s) or material(s), considered objectionable:
Page 4; Representative of material throughout the entire publication

1. Sexually explicit material which by its nature or content poses a threat or is detrimental to the security, good order or discipline of the factility, inmate rehabilitation, or facilitates criminal activity including, but not limited to, the following:

G. Excretory functions: Portrayal of actual or simulated human excretory functions, including, but not limited to, urination, defecation, or ejaculation.

Reason(s):
Depicts, describes or encourages activities which may lead to the use of physical violence or group disruption
M. Engle, Mail Room Personnel

Scott Crews
Mayo Correctional Institution
8784 US Highway 27 West
Mayo, Florida 32066-3458

18 March 2015

RE: Censorship of routine mail

Dear Warden Crews,

This letter is in response to an "Unauthorized Mail Return Receipt" dated 2/11/2015 addressed to MIM Distributors and signed by mail room personnel M. Engle for a letter sent to Mr. XXX. It claims the content of the letter "Depicts, describes or encourages activities which may lead to the use of physical violence or group disruption."

The letter in question includes articles on current events with a focus on news about prisons. This subject matter is not related to violence or group disruption at your facility. Therefore I am requesting that this letter be delivered to Mr. XXX (a copy of which you have on file).

If you cannot complete my request to deliver this letter then please respond to me with an explanation of what portion of the letter in question you find to be a threat.


Sincerely,

Contains material that threatens or is detrimental to the security, safety, health, good order, or discipline of the facility, inmate rehabilitation or facilitates criminal activity: 1G

Cite specific article(s) and page number(s) or material(s), considered objectionable:
Page 4; Representative of material throughout the entire publication

1. Sexually explicit material which by its nature or content poses a threat or is detrimental to the security, good order or discipline of the factility, inmate rehabilitation, or facilitates criminal activity including, but not limited to, the following:

G. Excretory functions: Portrayal of actual or simulated human excretory functions, including, but not limited to, urination, defecation, or ejaculation.