Tracking Prison Censorship in the United States

DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109

February 10, 2015

RE: Censorship of Under Lock & Key No. 41 (Nov/Dec 2014)

Dear DAI Deputy Director,

On January 16, 2015 we were sent a letter from Omer Clark, Warden of Operations at Southeast Correctional Center. This letter was dated January 9, 2015, and a copy is enclosed. The letter was to notify MIM Distributors of the censorship of the above named publication to several prisoners held at Southeast Correctional Center.

The reason cited for this censorship is ?Pg. 3-5 promotes anarchy.? With this letter I have also enclosed pages 3-5 of the above named publication for your reference.

I am sure you are familiar with the relevant case law on this topic. As stated in Thornburgh v. Abbott, 490 U.S. 401:

"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."

Additionally, in Procunier v. Martinez, 416, U.S. 396 (1974) and in Thornburgh v. Abbott, 490, U.S. at 416 n. 14 (1989), that prison officials violate the First Amendment when for reasons unrelated to legitimate penological interests they engage in ?censorship of . . . expression of ?inflammatory political, racial, religious or other views?.

Furthermore, the motivation alleged to support the censorship determination seems to be too vague and not sufficiently articulate to satisfy the threshold of adequate motivation established by the U.S. Supreme Court. Federal Courts have stated in several occasions that "Prison authorities cannot rely on general or conclusory assertions to support their policies." Walker v. Sumner (9th Cir. 1990) 917 F.2d 382, 385 and that "Unsupported security claims couldn't justify infringement on First Amendment rights." Crofton v. Roe (9th Cir. 1999) 170 F.3d 957

With the present letter MIM Distributors would like to:
(1) appeal the negative determination to censor the above-named publication; and
(2) request the decision be reversed and the publication be delivered to the intended recipients as soon as possible.

We appreciate your assistance in this matter and look forward to your response.

Sincerely,


MIM Distributors


CC: Affected parties

Your February 10, 2015 appeal was received of the Department of Correction's decision to censor Issue #41 of Under Lock & Key. After reviewing your appeal and the censored material, I support your appeal. I will advise the facilities that Issue #41 of Under Lock & Key will not be censored and thus should be given to the offenders.

Dave Dormire, Director

I wrote the Mail Room and asked them about the November/December issue of ULK and they claim one never arrived with my name on it. It wasn't censored or seized because my comrade received his copy.

IS REJECTED and may not be received by inmates...

REJECTION of the publication due to subject matter

(3)(a) It depicts or describes procedures for the construction of or use of weapons, ammunitions, bombs, chemical agents, or incendiary devices.

(3)(f) It encourates or instructs in the commission of criminal activity.

(3)(j) It depicts nudity in such a way as to create the appearance that sexual conduct is imminent, i.e. the display of contact or intended contact with a person's unclothed genitals, pubic area, buttocks or female breasts orally, digitally or by foreign object, or display of sexual organs in an aroused state.

(3)(m) It otherwise presents a threat to the security, good order, or discipline of the correctional system or the safety of any person.

Authorized Employee: D. Locke/TJO

IS REJECTED and may not be received by inmates...

REJECTION of the publication due to subject matter

(3)(a) It depicts or describes procedures for the construction of or use of weapons, ammunitions, bombs, chemical agents, or incendiary devices.

(3)(f) It encourates or instructs in the commission of criminal activity.

(3)(j) It depicts nudity in such a way as to create the appearance that sexual conduct is imminent, i.e. the display of contact or intended contact with a person's unclothed genitals, pubic area, buttocks or female breasts orally, digitally or by foreign object, or display of sexual organs in an aroused state.

(3)(m) It otherwise presents a threat to the security, good order, or discipline of the correctional system or the safety of any person.

Authorized Employee: D. Locke/TJO

Reason(s): Material that ... support the illegal activities of a security threat group contrary to the security interests of the facility or the individual rehabilitative goals of the recipient...

Material which poses a potential threat to the safety and security of the offender population or DOC employees, contract workers, and volunteers by advocating facility disruption or noncompliance with prison rules or regulations.

Disposition
Sent to reading committee

Reason:
Publication teaches or advocates violence and presents a clear and present danger to institutional security.