Tracking Prison Censorship in the United States

I'm refiling informal complaint, notification of grievance, and appeal to chief inspector to exhaust all remedies on the issue of no longer allowing used books. I was informed the MT 2/3 was rejected because of condition - even tho new, it appeared worn. Our mailroom staff is pretty lenient. They now have the investigator over their shoulder because of contraband entering through used books. Please resend MT 2/3 in newer form. They have also been allowing spiral bound in.

Superintendent: Jeffrey A. Uttecht
Coyote Ridge Corrections Center
1301 N Ephrata Ave
PO Box 769
Connell, WA 99326

August 26, 2016

RE: Appeal censorship of Under Lock & Key No. 51

Dear Superintendent,

We received a Rejection Notice from Coyote Ridge Corrections Center regarding the publication Under Lock & Key No. 51 (July/August 2016). This present letter is to appeal the censorship of that publication.

The reason given for the censorship by Mailroom Employee Garibay-Ortiz was Reason #19 “Advocates violence against others and/or the overthrow of authority.” Unfortunately this mailroom employee did not offer more detailed information as to in what way, or on what page, this publication advocates violence and/or the overthrow of authority. That would be very helpful information for us for this appeal and for future issues of Under Lock & Key.

We look forward to your reversal of this censorship, or further explanation as to how this publication fits the reason listed above. Please keep in mind the following case law as you review the publication:

"Wardens may not reject a publication 'solely because its content is religious, philosophical, political, social[,] sexual, or . . . unpopular or repugnant,' or establish an excluded list of publications, but must review each issue of a subscription separately." Thornburgh v. Abbott, 490 U.S. 401

“When a prison regulation restricts a prisoner’s First Amendment right to free speech, it is valid only if it is reasonably related to legitimate penological interests.” Lindell v. Frank, 377 F.3d 655, 657 (7th Cir. 2004), citing Turner v. Safely, 482 U.S. 78, 89 (1987).

"Prison authorities cannot rely on general or conclusory assertions to support their policies." Walker v. Sumner (9th Cir. 1990) 917 F.2d 382, 385

"Unsupported security claims couldn't justify infringement on First Amendment rights." Crofton v. Roe (9th Cir. 1999) 170 F.3d 957
Thank you.

Sincerely,

MIM Distributors


CC: Affected parties

It is the decision of the DRC to uphold the Unit rejection of the above mentioned item(s).

Denied: letter advocates work stoppage

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.