Under Lock & Key

I am fighting this Washington Department of Corrections policy “c) Publications in a foreign language will not be allowed with the exception of religious publications.” They let letters come in in a foreign language, up to 10 pages. Before 2010 they used to let me get books and magazines in Spanish, but then they changed the policy.

I’m familiar with the censorship pack from MIM(Prisons), but there is nothing that applies to this issue. I exhausted the grievances. Their last response was that they had security interests and that it was a threat to the security of the institutions.

I’ve heard that there are states that let foreign language literature come in, also I heard that the federal system does too. These clowns told me that there is no state, federal or constitutional law that supports me to get books or magazines in a foreign language. I’m asking for the help of ULK readers around the country to advise me with a case or law that I could use in an argument or lawsuit. I don’t know how to file one but I have to learn somehow. I wrote the ACLU and other organizations, but they never gave me a response.

If you do have some advice please sent it to MIM(Prisons). And finally to all those in Washington state, it would be good if we can come together in this and many other issues.

MIM(Prisons) adds: This is an important battle because it is clear denial of access to educational materials for all Raza, and is particularly important for those Spanish-speaking prisoners who are not fluent in English. This blatant national oppression must be fought. We look forward to hearing from our readers with suggestions for how to best approach this campaign.

In today’s world we’re seeing the courts and media minimize the fact that U.S. prisons are run by criminals worse than the so-called worst confined within them. They have attempted, and have succeeded to a degree, in demonizing the prisoners being tortured and thereby desensitized the general public on that subject.

This is why it also seems the jury in the court of public opinion is still out regarding what process is due, and how the experimental implementation of political censorship known by its official misnomer “Obscene Materials Regulations” is already in progress on San Quentin State Prison’s (SQ) four death row Security Housing Units (SHUs). The normalization of censorship in all its forms continues right before our eyes in SQ and beyond.

Consider how an invasion force imposes their will upon their victims preserved alive. One of the first things it does is knock out all means of communication. After installing a puppet governing body it then promotes its own agenda through the mass media. The San Quentin Antenna Cable System (SQACS) can be described as a one-sided propaganda bomb with a signal jamming warhead. It is a weapon of mass corruption in the hands of terrorists embedded in the Calincarceration Corrupted Peace Officers Association (CCPOA) and other affiliates using the CDCR as their puppet to lord it over in the micro-societies of prison. Their fee for this is deducted from your paycheck, education, and social services for the disabled and elderly.

The SQACS (AKA SQTV) consists of expensive technology similar to that used by cable providers. Most cable companies receive their programming via satellite and then rebroadcast it on frequencies that boxes atop your television can receive. SQTV also consists of 14 converter boxes and several DVD players. As you may know, these devices require your TV be on channel 3 or 4 to operate. However, the SQACS rebroadcasts each on a different frequency. It even rebroadcasts free over-the-air digital signals on different frequencies in QAM (cable mode) and the UHF band.

Not only are the 14 now obsolete converters a huge waste of electricity (they’ve been on 24/7 nearly 5 years!) they also block free over-the-air broadcasts on the VHF channels they’re rebroadcasted on. Contrary to popular belief prisons don’t make money for the state. Only those working at prisons make the money and since the SQACS wastes YOUR money and not theirs, they don’t care - especially when it can be used to give them job security.

Public broadcast stations KQED and KMTP are just two stations multicasting from Sutro Tower that are currently being blocked/restricted by the SQ administration under the guise of technical difficulties. I argue it is actually intentional because these provide programs such as World News, Democracy Now, and even documentaries denouncing the horrific practice of long term torture by indefinite solitary confinement in California prisons.

San Quentin is by no means the only California prison using this technology to censor over-the-air broadcasts that don’t fit their oligarchy’s agenda. Radio stations received via these systems at various SHUs have reportedly cut out as the hunger strikers were being commended for their peaceful protest. The broadcast was then turned back on when the CDCR representative began demonizing it.

As stated in the essay “Free your mind; reversing the effects of prison censorship” by S. Muhammad Hyland, “The bottom line is simple. The institutional restrictions on revolutionary political material are in place for a reason: to keep us from learning how to go about securing our freedom, and destroying the system responsible for our lack of success in Amerika.”

MIM(Prisons) adds: Unlike most U.$. prisons found in rural areas, San Quentin is right in the Bay Area where, as this comrade points out, there are many sources of progressive information on television and radio. It is quite damning that the state finds it necessary to censor these channels, which anyone just outside of the San Quentin compound can watch and listen to just fine. It speaks to the truth that prisons are all about social control. And it underscores the importance of not just having control of our own independent media, but also fighting for our First Amendment rights to distribute and share that media. Distribution networks are constantly threatened by bourgeois interests, from eliminating public bulletin boards, to the attempts to prioritize corporate website traffic on the internet, to blocking television and radio stations within prisons. Under Lock & Key is perhaps the most censored news source in the Amerikan Criminal Injustice System, and we are always engagedin ongoing battles in many states. We need more jailhouse lawyers and legal help on the streets to help with this fight.

In early June of this year, MIM Distributors received a letter from Assistant Director Cynthia Bostic of the North Carolina Department of Public Safety (NCDPS) upholding the censorship of Under Lock & Key No. 37 (March/April 2014). Bostic censored ULK 37 because it mentions the options legally available to prisoners, to not buy from commissary, not order packages through the prison’s vendor, and to file civil action suits. None of these activities are illegal, or even against NCDPS’s own policies. Since the newsletter talks about activities which prisoners are legally allowed to engage in, but which give the prisoners a tiny notion of agency and self-determination, it is not permitted in the state.

As a North Carolina comrade wrote almost two years ago, censorship of ULK under the guise of illegal activities was triggered by a surge in subscribers in that state and the development of a campaign by USW comrades in North Carolina to petition the state’s ineffective grievance system.

MIM Distributors has written multiple letters to NCDPS administrators in an effort to defend the rights of prisoners to read our newsletter, and to exercise our right to free speech. One of these letters helped convince Bostic to approve the delivery of Under Lock & Key No. 36 (January/February 2014). According to Section D.0105(d) of NCDPS’s Policies and Procedures, upon approval, the Publication Review Committee and Wardens are supposed to work together to deliver the previously censored issues of Under Lock & Key to their intended recipients. In Bostic’s letter, she “permits” MIM Distributors to resend ULK 36 at our own expense. We recently checked in with our subscribers in North Carolina to see if this issue was delivered to them via the channels outlined in NCDPS Policies and Procedures. If you were a subscriber in January 2014, you should have received issue 36 from your Warden. Let us know if you haven’t!

Community Bulletin from the Pelican Bay Human Rights Movement - First Amendment Campaign

This bulletin is to alert and update the community on the current fascist offensive that is being waged by one sadistic pig named S. Burris of the Pelican Bay State Prison - Prison Intelligence Unit (aka IGI). Officer S. Burris is going through some very drastic measures to try and criminalize the W.L. Nolen Mentorship Program (WLNMP). This is typical of any fascist!

For example, within the WLNMP’s Mission Statement, it states that our objective is to provide the community with alternatives to joining gangs, along with tools of violence prevention and intervention. Only a complete idiot would insist that this constitutes gang activity!

Officer S. Burris is attacking the WLNMP, not because we’re involved in criminal activities, no! The WLNMP has been placed under attack because it possesses the potential of educating and unifying the oppressed masses to their real purpose in life. And this truth makes the WLNMP a viable threat to the prescribed social order of U.$. capitalism.

I have provided the community with factual evidence, wherein the courts have determined that George Jackson and W.L. Nolen were not Black Guerilla Family “prison gang members.” They were actually members of the Black Liberation Movement. To receive a copy of this documentation, write to the below address and ask for the Request for Judicial Notice dated February 24, 2014 in the legal case of Marcus L. Harrison v. S. Burris, et al. - Case No: C-13-2506.

Attn: Central Texas ABC
c/o John S. Dolley
PO Box 7187
Austin, TX 78713

In conclusion, it must be noted that this contradiction is a continued manifestation of the Dred Scott court decision from 1857, wherein the U.$. Congress announced to the world:

“The negro lies so far below whites on the scale of created beings that they have no rights that whites are bound to respect.”

We New Afrikans have committed to absolving ourselves from this contradiction via our collective efforts to restore and protect our human rights with the creation of the Pelican Bay Human Rights Movement - First Amendment Campaign. We urge the community to get involved and check out our mission statement in the SF Bayview.

Dare 2 Struggle!
Dare 2 Win!

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

“905 Creating and/or assisting with a social networking site: The facilitation, conspiracy, aiding, abetting in the creation or updating of an internet web site or social networking site.”

“Your account is locked because it doesn’t comply with inmate regulations. People who are incarcerated may not be eligible to use Facebook if:
* It is prohibited by state law or regulations of the facility
* The account is being maintained by someone else”

The SCDC may cite “security concerns” but this is not a valid response. To prohibit the creation and/or updating of all websites and social networking sites by, or on behalf of, any prisoner within the SCDC is not a sound defensible position. It would effectively negate the hundreds of prisoners who want to establish a true re-entry plan or proceed on a path of rehabilitation. It would also prohibit non-incarcerated citizens from exercising their First Amendment rights to free speech. In addition, it would punish prisoners for the exercising of this protected right by non-incarcerated citizens.

In a similar case, the U.S. District Court, District of Arizona, decided against such policies and made the following ruling:

“Prisoners may not be punished for posting material on the internet with the assistance of non-incarcerated third parties.” Canadian Coalition Against the Death Penalty v. Ryan, 269 F. Supp. 2d 1199 (D. Ariz. 2003).

My family and I would be grateful for any aid and assistance, or referrals, that any individual citizen, or group of citizens, may be able and willing to provide. We would respectfully request that everyone help in publicizing this issue, because there are many citizens who are unaware of the fact that they are affected by it. I thank you all in advance for your time and assistance.

MIM(Prisons) adds: We know that many prisoners and their families and friends make use of social networking sites like Facebook to publicize their case and garner help and support. This attempt by SCDC to further limit prisoner’s voices comes as no surprise after they banned literature coming from outside sources a few years ago. We have seen an upswing in prisoner activism in South Carolina over the past year, and this policy suggests the prison will do whatever it can to restrict these activists from getting word out about the abuses and injustice going on behind bars.

We know that social networking sites like Facebook are not going to form the basis for successful revolutionary struggles, and that we must build independent institutions of the oppressed, whether online or elsewhere. Yet even that would not address the threat of punishment against prisoners for providing information that is posted online, the basis of this very website. So we stand behind this prisoner’s fight and agree that SCDC does not have the right to impose these restrictions. Meanwhile, we call out Facebook for playing along with regulations that shut down the free speech of prisoners and their family and friends.

The Seventh Circuit Court of Appeals has just rejected an Illinois prisoner’s lawsuit pertaining to the refusal of the prison to allow him to receive the Physician’s Desk Reference and the Complete Guide to Prescription Drugs 2009. The court’s rationale for this rejection was rather convoluted:

“Quite simply, the prison gave the books’ drug related content as one of the reasons justifying its decision to restrict Muson’s access to the books, and we don’t need to look beyond the books’ title and the content to know the books contain information about drugs.”

The Seventh Circuit has been issuing some rather head-scratching decisions lately concerning prisoners’ rights, and this is simply another one. If the prison we are confined in does not have these books available in the prison library this is a point we as prisoners can raise around this case.

MIM(Prisons) adds: This court ruling demonstrates the arbitrary and unjust basis for censorship of prisoners’ mail and reading material. The difficulty with fighting these decisions, which start with the mail room rejections, is that courts often uphold censorship with arbitrary and contradictory reasoning. We need the help of jailhouse lawyers and street lawyers alike so that we can take on some of these battles and expand prisoners’ access to revolutionary literature in particular.

I just received the latest issue of Under Lock & Key No. 38 May/June 2014, which is a surprise being that recently a copy of the grievance petition and a couple of guides were forwarded to the DOC’s Correspondence Review Committee to see if they will allow me to receive them. The mailroom staff considers the material “questionable & inflammatory.”

This censorship comes as no shock since the hypocrisy that they label as a “democracy” in Amerikan society censors the mass media and many other forms of disseminating knowledge, due to material being labeled “inflammatory.” Although these restrictions clearly are in violation of their own constitutional laws, these imperialistic powers thrive from being able to control & manipulate mass information, therefore they will continue violating laws to maintain and/or advance their position.

Too much trust is placed in the Amerikan government, their structure and system by the Amerikan people/population. Maybe people still believe that Amerika guarantees the “right” to free speech because they don’t have anything relevant to say. Whenever someone has something profound to say that the government may consider to be counter-productive to their message or a “threat,” the message will be suppressed from being propagated on a mass level. Then some people don’t care because they have never felt the need to speak out or say something meaningful, which displays that either they don’t stand for anything or they are cowards. Or maybe people believe they have a “right” of free speech because they are supportive of this system, therefore everything they say is conducive to the message the government wishes to convey. In this way, these people never experience this form of censorship or are too blind to recognize it. Controlling or censoring what the media provides to the public is a main component to controlling the public. The Amerikan public is now experiencing martial law in its subtlest form. Too often “state of emergencies” are called for fabricated or manufactured reasons, only to benefit the Amerikan government.

I will notify you of the outcome concerning the study group guide, grievance petition, and guide to writing articles after the Correspondence Review Committee makes their determining decision.

United We Struggle.

MIM(Prisons) responds: This arbitrary censorship by Perry Correctional Institution officials demonstrates the lack of real reason behind their denial of some mail to prisoners. Included in the list of letters censored is MIM(Prison)’s writing tips, which has information on how to write articles for Under Lock & Key, including various grammar and spelling rules. Only if the prison considers education a risk would this denial make sense.

We do not believe that the Amerikan people are pacified entirely because of the control of their media and information. While this is certainly an important part of the Amerikan government’s control of the country, there are plenty of Third World countries where governments have similar or even stronger hold on the media, and still the people rise up and organize against their own repression. Important to the Amerikan public’s passivity is their material interest in the system. This prisoner gets at this point when s/he accuses Amerikans of having “never felt the need to speak out or say something meaningful”, a state of affairs common in imperialist countries today where the vast majority of the population has been bought off and enjoys comfortable lives at the expense of the exploited peoples of the world.

Enclosed is a notice that the Level 1 study group material you mailed to me has been forwarded to Publication Review Committee for disapproval. One of the reasons for disapproval is “material whose content could be detrimental to the offender rehabilitative efforts…” I must ask, What rehabilitative efforts? I’m serving a sentence of double-life plus 46 years. I’ve been incarcerated since June 1988. I’m not eligible for any school programs. I’m not enrolled in any treatment programs. Nor do I have a job inside the prison.

Further, the Virginia Department of Corruptions, um, Corrections (VADOC) is truly ignorant and incompetent in the realm of rehabilitative programs. In the 1990s the recidivism rate in the Commonwealth of Virginia ranked among the highest in the nation. VADOC’s bungling efforts at rehabilitative programming proved so abysmal that the state legislature abolished both parole and early release good-time credits in July 1995. With the governor’s blessing the prisoner population and VADOC’s fiscal budget exploded. According to ABC news, prisoners in Virginia serve more time in prison now than any other jurisdiction except Florida.

This “Commonwealth of Virginia” is in truth a “colony” - a bastard child of the united snakes of amerikkka. Like father, like son this colony operates as a slave plantation of the kkkapitalist kkkrackers, with a major exception: no one is directly profiting from the labor of prisoners. But the labor aristocracy is profiting from our incarceration while giving us materials enough to simply keep us alive.

My friends, notice that these prison autocrats also say that the materials from MIM(Prisons) “…emphasize depictions or promotions of violence, disorder, insurrection, terrorist, or criminal activity in violation of state or federal laws…” Yet these same prison autocrats suck their livelihood from the tits of the United $tates whose founding fabricators once wrote that when people face a destructive government “…it is the right of the people to alter or to abolish it, and to institute new government…” What was Common Sense? Why were Crispus Attucks and four other men martyred? What was the volatile resolution of the First Kkkontinental Kkkongress?

On 1 May 2014, the united snakes of amerikkka warned that “global terrorism is on the rise.” Since the kkkapitalist pigs refer to any threat to their hegemony as terrorism, then the revolutionary has reason to strengthen h resolve. The evidence reveals the pigs are in perpetual distress, and this is most fitting. If the U.$. truly is the “greatest nation on earth with the best form of government,” then why does more than half of the world’s population seek to destroy amerikkka and amerikkkans? Indeed, an ever growing number of so-called amerikkkan citizens wish only for the abolition of the current go-vermine-ment.

MIM(Prisons) adds: This censorship is a blatant example of the criminal injustice system’s real goals in the United $tates. There is no rehabilitation in this system. It is merely a tool of social control. The MIM(Prisons) prisoner study group is one of the only educational opportunities for prisoners in Virginia, and education has been demonstrated to have significant positive effects on reducing recidivism of prisoners. So in denying prisoners this material VADOC proves its focus on maximizing incarceration and sentencing. The “detrimental” effects on rehabilitation can only refer to our positive impact on prisoners and their ability to get by on the streets without returning to prison.

In approximately 1.5 years, between 2 February 2012 and 1 December 2013, there were 50 reported cases of censorship of material sent by MIM Distributors in the Illinois Department of Corrections (IDOC). The censored material included copies of MIM Theory and Under Lock & Key, along with informational zines and personal letters.

Out of those 50 reported cases a staggering 78% (39) of them were censored with no reason being given as to why they had been censored. This is typical of the IDOC.

If they do not like a given topic they will ban it without giving any reason why. This is a continuing violation of prisoners’ constitutional rights. The only way to combat this injustice is by filing grievances and 42 U.S.C. § 1983 civil suits.

Resist! Rebel! Defy!

MIM(Prisons) adds: Many facilities in Illinois have enacted total bans on our mail. Get involved in the campaign to fight censorship in Illinois. We need legal help both behind bars from our jailhouse lawyers and from lawyers on the streets.

On 14 February 2014, I won a very small victory in my struggle against the oppression of political beliefs in the North Carolina Department of Adult Corrections.

On 10 February 2014, I received two notices from the mail room, indicating that both the November/December (#35) and the January/February (#36) issues of Under Lock & Key were being rejected. The reasons given were that these publications supported “disobedience and insurrection.”

Due to the fact that ULK #35 was already on the banned publication list, I was not permitted to appeal this rejection, however, I was permitted to appeal the ULK #36 because it had not yet made the master list held by NCDAC.

I brought up a constitutional argument about how prisons cannot maintain a list of banned materials, my right to my political beliefs, and the fact that a prison can not ban a publication just because it does not approve of the organization it comes from. This was decided in a court case called Williams v. Brimeyer, 116 F. 3d 351, 354 (8th circuit 1997). I also argued that ULK does not promote insurrection and disorder, yet uses prison issues to promote peaceful change to both prisons and the outside world through education and the study of politics.

Surprisingly, when mail came today, issue 36 of ULK had been returned to me. Sometimes you just have to stand up for what you believe in and not give up. For anybody who faces the rejection of the ULK newsletter, I would like to make known, that ULK does not contain a significant security risk to prisons, and therefore is constitutionally protected. If your newsletter has been rejected, I strongly recommend that you fight for it on this basis. Do not allow anyone to silence the struggle.