MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Prisoner files formal grievance after no response to appeal
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Formal Grievance log # 23-6-37898
11/29/2024
prison notified prisoner of censorship, but not publisher
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FRONT PAGE: PRISON IS WAR CONT. ON PAGE 3
PAGE 5- THE ANTI GANG CAMPAIGN
PAGE 6- THE MURDER OF TYRE NICHOLS -DO YOU APPROVE?
PAGE 8-SEPTEMBER 9TH RECOGNIZED FROM FLORIDA ISOLATION CELLS
(15)(i) is dangerously inflammatory in that it advocates or encourages riot, insurrection, rebellion, organized prison protest, disruption of the institution, or the violation of the federal law, state law, or Department rules; (15)(p) ...
(15)(p) otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person.
Page 8 - CA Silences Reports of Drug Trade in Prisons/The Stoopid Epidemic of K2 in Nevada Prisons
Page 9- We Want Security, They Want Control/Suboxone Pushed Willy-Nilly By CDCR Medical Staff
Page 10-Challenging Constitutionality of Digital Mail, Reports from TX
Page 11 - How the prison war looksin Texas Ad-Segs/ ULK83 Correction; murders weren't about drugs
Page 13 - Some Thoughts on S.O.'s and Sexual Orientation/In Their Way They Expect Violence
02/27/2024
MIM Distributors appeals
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February 28, 2024
Department of Corrections
ATTN: Library Services Administrator
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Notice of Rejection or Impoundment of Publications
To Whom It May Concern:
We are in receipt of your notice of censorship for the publication of Under Lock & Key Issue 84
(hereafter “ULK”) sent to Mr. XXXXXX [#XXXXXXX], dated February 8, 2024, included herein. We are the publishers of Under Lock & Key.
The listed reason for censorship is that the publication in question allegedly satisfies the criteria justifying its impoundment under sections (15)(i) and (15)(p) of Rule 33-501.401. These sections condone the prohibition of material which either “encourages riot, insurrection, rebellion, organized prison protest,” or “presents a threat to the security, order, or rehabilitative objectives of the correctional system.”
As the publishers of ULK, we know that no material fitting any part of these descriptions can be found anywhere in the publication. Furthermore, please refer to Crofton v. Roe, 170 F.3d 957 (9th Cir. 1999) where the courts found that when censoring publications on the basis of security concerns in prisons, it is unacceptable when authorities do not, “attempt to explain in what way publications, by any particular characteristics of their own, threaten security or contribute to other problems the state asserts the regulations are designed to avoid.” We would assert that merely listing the page numbers and titles of individual articles does not adequately “attempt to explain” the security concerns you have
We request the decision to withhold issue 84 of Under Lock & Key be vacated and the publication be
forwarded to Mr. XXXXXX. Failure to provide appropriate notice and adherence to your policies may
result in legal action.
(15)(g) encourages, provides instruction on, or facilitates the commission of a crime; (15)(h) depicts, describes or encourages activities that may lead to the use of physical violence on another person; (via prisoner, they did not notify publisher)
Department of Corrections
ATTN: Library Services Administrator
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Notice of Rejection or Impoundment of Publications
To Whom It May Concern:
We are in receipt of your Notice of Rejection for the publication Chican@ Power and the Struggle for Aztlán sent to Mr. XXXXXX, dated September 1, 2023.
Firstly, we would like to acknowledge the fact that we did not receive notice of censorship from your institution but from Mr. XXXXXX himself. This is patently unacceptable as it violates the long-standing legal precedent of Procunier v. Martinez, 416 U.S. 396 (1974) wherein the courts found that that “the author of [censored mail] be given a reasonable opportunity to protest that decision.” This finding has been upheld for nearly five decades, including in Montcalm Pub. Corp. v. Beck, 80 F.3d 105 (4th Cir. 1996) where the courts held that “publishers are entitled to notice and an opportunity to be heard when their publications are disapproved for receipt by inmate subscribers.”
The listed reason for censorship is that the publication in question allegedly satisfies the criteria justifying its impoundment under sections (15)(g), (15)(h), and (15)(p) of Rule 33-501.401. These sections condone the prohibition of material for either facilitating “the commission of a crime”, encouraging activities leading to physical violence, or presenting a threat to the security of the prison.
As the publishers of ULK, we know that no material fitting any of these descriptions can be found anywhere in the publication. Furthermore, please refer to Crofton v. Roe, 170 F.3d 957 (9th Cir. 1999) where the courts found that when censoring publications on the basis of security concerns in prisons, it is unacceptable when authorities do not, “attempt to explain in what way publications, by any particular characteristics of their own, threaten security or contribute to other problems the state asserts the regulations are designed to avoid.”
We request the decision to withhold Chican@ Power and the Struggle for Aztlán be vacated and the publication be forwarded to Mr. XXXXXX. Failure to provide appropriate notice and adherence to your policies may result in legal action.
p. 4 (The Flaws of the Admin Remedy in Prisons), p.4 NV article (can cause a hunger strike), p.5 (Inmate information has DC # onit), p.8 Strike Force article, p. 10 (Pictures of officer hitting inmate)
p.3 Free Palestine - Join the BDS Movement, p.6 Lawsuit on TX mail (Our inmates might try this), p. 9 (talking about living conditions), p.13 My Demons (Racist)
depict, describe, or encourage activities which may lead to the use of physical violence or group disruption. Dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the instituution, violation of rules
Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
To Whom It May Concern:
We are in receipt of your form (DC5-101) dated August 14, 2017 relating to notification of impoundment (hereinafter, “Notice”) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”). We are the distributors of ULK. We have received no notice of censorship as required by chapter 33 of the Florida Admisntrative Code. The impoundment of ULK is de facto censorship and does not provide adequate notice of such censorship in violation of the United States Constitution and a litany of cases which are directly on point.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher], due process requires that [the publisher] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015) (emphasis added).
As such, we object to the notice of censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material within fifteen (15) days of receipt of this letter.
As a general response to the censorship, and without waiving our objection to the issues raised, we will address the portions of the policy cited as the reason for censorship.
The issue of ULK was impounded alleging the material was in violation of Fla. Admin. Code 33-501.401 (3)(e), (3)(g), and (3)(m). It is alleged pages 1, 11, 14, 15 and 17 advocate insurgency and disruption of institutional operations. A careful review of the referenced pages, do not contain any objectionable material as outlined by F.A.C. 33-501.401.
It is readily apparent that the Florida Department of Corrections has banned ULK “solely because the [publication’s content] is religious, philosophical, political…or because its content is unpopular or repugnant.” Such censorship based on this reasoning is a violation of our First Amendment rights guaranteed by the Constitution. See Thornburgh v. Abbott, 490 U.S. at 404-05, 414-19 (1989).
We request the decision to censor the Guide be vacated and ULK be delivered to the prisoner to whom it was addressed.
Please provide a written response which addresses our grievances within fifteen (15) days of receipt of this letter.
You may reply to the address listed.
09/29/2017
Florida DOC upholds censorship decision
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September 29, 2017
Re: Impoundment of "Under Lock and Key - Issue 57"
My name is Dean Peterson, and I am Library Services Administrator for the Florida Department of Corrections. I am in receipt of your letter regarding "under Lock and Key - Issue 57." The DC5-101 form that you mention receiving in your letter was the notice of impoundment. The reasons for impoundment from the DC5-101 that you cite in your letter are the actual reasons the publication was impounded. They are from the Florida Administrative Code (FAC) 33-501.401(3). I will list them again here for your convenience:
(e) It depicts, describes or encourages activities which may lead to the use of physical violence or group disruption;
(g) It is dangerously inflammatory in that it advocates or encourages riot, insurrection, idsruption of the institution, violation of department or institution rules;
(m) It otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person.
In their regularly scheduled meeting of August 30, 2017 the Literature Review Committee of the Florida Department of Corrections upheld the institution's impoundment and rejected the publication for the grounds stated. This means that issue will not be allowed into our correctional institutions. In researching this response it was noted that the issue was incorrectly entered into our database solely for FAC 33-501.401(3)(m), but that clerical error is being corrected and the database will reflect all three reasons set forth for the rejection.
If you have further questions please feel free to contact me.
Sincerely,
Dean Peterson, Library Services Admiinstrator
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, FL 32399-2500
In their regularly scheduled meeting of August 30, 2017 the Literature Review Committee of the Florida Department of Corrections upheld the institution's impoundment and rejected the publication for the grounds stated. This means that issue will not be allowed into our correctional institutions
prisoner notification: Is dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the institution, violation of department or institution rules
threat to security: front page (white nationalism and the prison movement con. pg4), pg5 racism as a toll of the oppressor, pg7 to identify as white is to identify as oppressor (racist), pg17 united front with white nationalists
Pages 8-9 Serves as a forum to promote and possibly recruit security threat group Latin Kings by one of it's members. Page 16 promotes hunger strike. Page 18 and 21 dangerously inflammatory and could result in disruption of the institution
p4 on prisons and prisoners, page 12 encourages strikes and protest, page 14 - reports of protest, cell flooding etc. Front and Back cover: STG symbols
It was determined to contain subject matter that is inadmissible per Rule 33-501.401(3)(m).
The department may prohibit admission of materials or publications if they are determined to be detrimental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disorder at that facility .Chapter 33-501.401 requires that publications be reviewed and a determination made by one institution. The determination made by that institution affects all other institutions; however, as a result of an individual institution's determination, all impounded publications are reviewed and either approved or rejeted by the department's Literature Review Committee as required by rule. Therefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.
Based on the above information your administrative appeal is denied.