Tracking Prison Censorship in the United States

Warden Thomas Mackie
Baraga Correctional Facility
13924 Wadaga Road
Baraga, MI 49908-9204

January 7, 2014

Dear Warden Mackie,

On December 18, 2013, we received a censorship determination from your Department regarding our publication titled Under Lock & Key issue no. 35 (November/December 2013), which was sent to Mr. xxx.

The determination states that the publication was ?disapproved? for delivery to the inmate because page 2 of the publication allegedly violates PD 05.03.118 "Prisoner Mail." The specific reason for the censorship is that the publication is a "threat to the order and security" (?Prisoners prohibited from receiving mail that is a threat to the security, good order or discipline of the facility, that may facilitate or encourage criminal activity, or that may interfere with the rehabilitation of the prisoner.?).

With the present letter MIM Distributors appeals the negative determination and requests the decision be reversed and the publication be delivered to Mr. xxx as soon as possible.

The page mentioned on the letter to the publisher focuses on the United Front for Peace in Prisons, which is clearly not a threat to the safety of any person, and is in fact an attempt to quell the violence that runs rampant all across the prison system. This attempt is not without basis; unity around common principles has been proven historically to eliminate violence among differing groups, even in prisons. How can information on making peace within prisons be a threat to the security, good order, or discipline of the correctional system? Without doubt, if there were less prisoner-on-prisoner violence, it would relieve much of the occupational hazard for Correctional Officers and actually increase the security and good order of the correctional system, and personal self-discipline of the prisoners.

The content on page 2 which is not related to the United Front for Peace in Prisons contains political considerations on imperialism and a description of what Maoist Internationalist Ministry of Prisons is and does. This information is certainly political, but does not constitute at any rate a threat to the security of the institution. Let me remind you that your ownPolicy Directive 05.03.118 Prisoner Mail, under "General Information" at Section D states that ?Mail shall not be prohibited solely because its content is religious, philosophical, political, social, sexual, or because its content is unpopular or repugnant.?

In addition, the U.S. Supreme Court has already stated 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'.?

Lastly, 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

Based on the above considerations, we request that the censorship determination be reversed and that the publication be allowed to prisoners held at any facility of your Department.

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

Sincerely,

Bailey Clarke, Legal Assistant
MIM Distributors
PO Box 40799
San Francisco, CA 94140

CC: Affected parties

Warden Thomas Mackie
Baraga Correctional Facility
13924 Wadaga Road
Baraga, MI 49908-9204

February 6, 2014

RE: Censorship of Under Lock & Key issue 35 (November/December 2013)

Dear Warden Mackie,

I am in receipt of your letter dated January 24. 2014, in which you say that the above named publication is still being denied delivery to its intended recipients held in Baraga Correctional Facility.

The piece of the publication you quoted as grounds for censorship can be found on page 4 of the issue. The argument being made in the article is not that prisoners should link up with street organizations, as you claim in your letter. The argument being made is "If the power to end violence exists within our communities, then we should be looking for ways to increase our power, and we should be looking for ways to exercise it." The entire point of the article is decreasing violence and increasing peace.

The author goes on to state "The problem is that most street organizations are moving in the wrong direction [toward violence]. They're engaging in the wrong social practices which are retarding the growth and development of our people." The author states that the point of this article is to "put an end to police brutality, homelessness, hunger, war, etc." The article is a discussion on how to increase peace in oppressed communities, which would include within prisons. Nothing here points to a threat to the security, good order, or discipline of the facility, unless you include prisoner in-fighting as part of the "good order" of the facility.

I look forward to your response and the imminent delivery of this publication to Mr. xxx, as it was originally intended.

Sincerely,


MIM Distributors


CC: Affected parties

Director's Review Committee
PO Box 99
Huntsville, TX 77342-0099

February 2, 2014

This letter is to request an appeal of the rejection of Under Lock & Key Nov/Dec 2013 N35. The notification we received, dated January 23, 2014, indicated that the reason for rejection was: "Publications contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve a breakdown of prisons through offender disruption such as strikes or riots." And in the "remarks" section this information is added: "Reason C. Page 6 contains material of a racial nature."

Your notification does not specify what on page 6 is intended to achieve a breakdown of the prison. That page includes just two articles. The first is a continuation from an article from page 5 discussing the origins of racism and it's theoretical basis in nations in modern society. This article focuses on how to eliminate racism in the United States, and the world. The second article is about a South Carolina group of prisoners interested in uniting with others who are organizing for peace in prisons. There is absolutely nothing on that page that could be construed as racial, it is in fact the exact opposite: a page of information about how to overcome racism and achieve unity.

We are concerned that the reviewers of this publication did not actually read the page in question (or the publication at all). It is our contention that the reason for rejection would require content that can not be found within the pages of Under Lock & Key. Further, it is clear that the citation of page 6 indicates a complete lack of understanding of the actual content within this publication.

We request an appeal of this decision.

Sincerely,

MIM Distributors
PO Box 40799
San Francisco, CA 94140

CC: Affected parties

Director's Review Committee
PO Box 99
Huntsville, TX 77342-0099

February 2, 2014

This letter is to request an appeal of the rejection of Under Lock & Key Nov/Dec 2013 N35. The notification we received, dated January 23, 2014, indicated that the reason for rejection was: "Publications contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve a breakdown of prisons through offender disruption such as strikes or riots." And in the "remarks" section this information is added: "Reason C. Page 6 contains material of a racial nature."

Your notification does not specify what on page 6 is intended to achieve a breakdown of the prison. That page includes just two articles. The first is a continuation from an article from page 5 discussing the origins of racism and it's theoretical basis in nations in modern society. This article focuses on how to eliminate racism in the United States, and the world. The second article is about a South Carolina group of prisoners interested in uniting with others who are organizing for peace in prisons. There is absolutely nothing on that page that could be construed as racial, it is in fact the exact opposite: a page of information about how to overcome racism and achieve unity.

We are concerned that the reviewers of this publication did not actually read the page in question (or the publication at all). It is our contention that the reason for rejection would require content that can not be found within the pages of Under Lock & Key. Further, it is clear that the citation of page 6 indicates a complete lack of understanding of the actual content within this publication.

We request an appeal of this decision.

Sincerely,

MIM Distributors
PO Box 40799
San Francisco, CA 94140

CC: Affected parties

Director's Review Committee
PO Box 99
Huntsville, TX 77342-0099

February 2, 2014

This letter is to request an appeal of the rejection of Under Lock & Key Nov/Dec 2013 N35. The notification we received, dated January 23, 2014, indicated that the reason for rejection was: "Publications contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve a breakdown of prisons through offender disruption such as strikes or riots." And in the "remarks" section this information is added: "Reason C. Page 6 contains material of a racial nature."

Your notification does not specify what on page 6 is intended to achieve a breakdown of the prison. That page includes just two articles. The first is a continuation from an article from page 5 discussing the origins of racism and it's theoretical basis in nations in modern society. This article focuses on how to eliminate racism in the United States, and the world. The second article is about a South Carolina group of prisoners interested in uniting with others who are organizing for peace in prisons. There is absolutely nothing on that page that could be construed as racial, it is in fact the exact opposite: a page of information about how to overcome racism and achieve unity.

We are concerned that the reviewers of this publication did not actually read the page in question (or the publication at all). It is our contention that the reason for rejection would require content that can not be found within the pages of Under Lock & Key. Further, it is clear that the citation of page 6 indicates a complete lack of understanding of the actual content within this publication.

We request an appeal of this decision.

Sincerely,

MIM Distributors
PO Box 40799
San Francisco, CA 94140

CC: Affected parties