Tracking Prison Censorship in the United States

Please govern yourself accordingly and release from property and deliver to me the following issues of ULK #47 #65 & #69, per Pell v. Procunier, 417 U.S. 817 (1974); and Turner v. Safely, 482 U.S. 78(1987)

I have received your grievance of the above material and am overturning the mail seizure for the above issues. You can be issued the above publications, #47, #65 & #69.

Kenneth W. Stolle, Sheriff/High Constable
Virginia Beach Sheriff’s Office
PO Box 6098
Virginia Beach, VA 23456

May 25, 2020

RE: Censorship of mail to AAA

Dear Sheriff Stolle,

On April 30, 2020, mail that MIM Distributors sent to Mr. AAA were censored at Virginia Beach Jail. The reason given for this censorship was “Hazardous Materials/Biohazards & Any Information Deemed Detrimental to the Security, Good Order, Discipline, And/or Safety of the Facility.” We thank you for sending us a Mail Seizure Form and telling us that the material was denied delivery to Mr. AAA.

The contents of this letter was a study pack titled “Prisoner Labor and the 13th Amendment,” a note to Mr. AAA that we received his mail, and an informational insert for mailroom staff regarding laws for censoring material.

In this informational insert for mailroom staff, it states:

“If you do choose to censor material from MIM Distributors, your notice must [according to Federal case law] provide articulate reasons for such censorship with specific references to the objectionable material. The distributor/publisher must be given a meaningful opportunity to appeal the censorship decision to a person not involved in the censorship decision.”

While we do appreciate that you informed us that the material was seized, this notice still did not provide adequate information to substantiate the censorship, and it did not offer MIM Distributors an opportunity to appeal the decision.

With this letter, we request:
(1) An appeal of the censorship of the materials which were denied delivery to Mr. AAA on 4/30/2020, with review of the materials by someone other than the people who were involved in the original censorship decision.

(2) Timely delivery of the materials which were seized on 4/30/2020 to the intended recipient (Mr. AAA).

(3) Retraining of Virginia Beach Jail mailroom staff regarding proper handling of incoming mail in accordance with Federal and State law.

Sincerely,

SSS
MIM Distributors
PO Box 40799
San Francisco, CA 94140

CC: Affected parties

To the Publisher:

You are hereby advised that the following issue(s) of publication(s) sent to an offender of the Virginia Department of Corrections have been disapproved for delivery to offenders of the Department:

Under Lock & Key March/April 2019 No. 67 pg. 12

For the following reasons:

F. Material that depicts, describes, or promotes gang bylaws, initiations, organizational structure, codes or other gang-related activity or association.

You may obtain an independent review of this decision by writing, within fifteen calendar days, to the Deputy Directory, Division of Operations, Virginia Department of Corrections, P.O. Box 26963, Richmond, Virginia 23261.

Sincerely,

Wendy Brown
Chairwoman, Publicaiton Review Committee