Tracking Prison Censorship in the United States

see 10/17/10 documentation

Lander Corpening, Administrator
Foothills Correctional Institution
5150 Western Ave
Morganton, NC 28655

20 November 2010

Dear Administrator Corpening,

This letter is regarding the ongoing censorship of mail from MIM Distributors to prisoners held at Foothills Correctional Institution. The mailroom staff at Foothills CI is not following proper procedure when censoring these items according to United States law in that they have failed to clearly notify MIM Distributors of the reason for the censorship, and have failed to give us a chance to appeal the decision. From Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800,

"The court required that an inmate be notified of the rejection of correspondence and that the author of the correspondence be allowed to protest the decision and secure review by a prison official other than the original censor."

In September 2010 the newsletter Under Lock & Key issue 15 (July/August 2010) was denied from several prisoners held at Foothills CI. When returned to MIM Distributors, these newsletters were stamped "Contents Not Allowed" with no explanation as to why they were not allowed or who we should contact to appeal this decision. We received word from prisoners that Under Lock & Key 15 is being censored with no chance to appeal. How do you legitimize this illegal practice?

In addition to Under Lock & Key 15, other letters from MIM Distributors have been treated improperly by Foothills CI mailroom staff. In July 2010, an introductory letter about the prisoner support organization MIM(Prisons) was returned for no reason, and there was no technical error on the part of MIM Distributors (such as an incorrect ID#). In July 2010 an invitation to a prisoner to join a study group was stamped "Contents Not Allowed" and returned, unopened. More recently, issues of Under Lock & Key issue 16 (September/October 2010) have been returned.

We also have received word that the following items are pending review: Maoism and the Black Panther Party (a pamphlet), MIM Theory 13: Revolutionary Culture (a magazine), and Under Lock & Key issue 12 (January 2010) (a newsletter). Please inform us of the status of these reviews.

According to Ramirez v. Pugh, 379 F.3d 122, 126 (3d Cir. 2004), "prison walls do not form a barrier separating prison inmates from the protections of the Constitution." Based on the First Amendment rights of MIM Distributors and the prisoners who desire to correspond with MIM Distributors, I am making the following requests: (1) explanations of the censorship of all mail from MIM Distributors, listed above, (2) an appeal for a second opinion regarding the censorship of the items listed above, including Under Lock & Key issues 15 and 16, and (3) immediate cessation of illegal handling of mail from MIM Distributors to prisoners at Foothills CI, including compliance with the NC DOC notification policies to sender and recipient of intercepted mail.

If you have other information about additional mail that is being censored coming from MIM Distributors, please inform us of its status. I appreciate your effort in investigating this matter and your timely response.

Sincerely,

MIM Distributors

CC: Affected parties