Under Lock & Key

[The following article begins with excerpts from an article by a California prisoner, which gives a detailed historical account of relevant case law, and was originally published by San Francisco BayView. Also available on our website is the full court opinion for In Re Crawford.]

Greetings. The struggle is long and arduous, and sometimes we do etch out significant victories, as in the case of our brotha in In re Crawford, 206 Cal.App.4th 1259 (2012).

It's important to emphasize that this victory is a significant step in reaffirming that prisoners are entitled to a measure of First Amendment protection that cannot be ignored simply because the state dislikes the spiel. New Afrikan prisoners have a right to identify with their birthright if they so choose, as does anyone else for that matter — Black, White or Brown. ...

[California prison officials] have gone so far as to boldly proclaim that the term New Afrikan was created by the Black Guerilla Family (BGF) and that those who identify as or use the term are declaring their allegiance to the BGF, which has been declared a prison gang. They have sought to suppress its usage by validating (i.e. designating as a gang member or associate) anyone who uses the term or who dares mention the name George Jackson. ...

Our brotha's case In Re Crawford was filed June 4, 2012, and certified for publication June 13. In a brilliant piece of judicial reasoning, a panel of justices in a 3-0 decision finally reaffirmed a prisoner's First Amendment right to free speech and expression, stating:

Freedom of speech is first among the rights which form the foundation of our free society. "The First Amendment embodies our choice as a nation that, when it comes to such speech, the guiding principle is freedom — the unfettered interchange of ideas — not whatever the State may view as fair." (Arizona Free Enterprise Club v. Bennett (2011) 131 S.Ct. 2806). "The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people ... All ideas having even the slightest redeeming social importance — unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion — have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests." (Roth v. United States (1957) 354 U.S. 476, 484."

The programs embodied in the New Afrikan Collective Think Tank, New Afrikan Institute of Criminology 101, the George Jackson University and the New Afrikan ideology itself are inclusive programs emphasizing a solution-based approach to carnage in the poverty stricken slums from where many of us come. The CDCR Prison Intelligence Units (PIU) have sought to suppress these initiatives simply because they do not like the message. They have marched into court after court with one standard line: New Afrikan means BGF and these initiatives are promoting the BGF. In re Crawford continues,

As recently noted by Chief Justice Roberts, "[t]he First Amendment reflects 'a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.' [Citation.] That is because 'speech concerning public affairs is more than self-expression; it is the essence of self-government.' [Citation.] ... Speech on public issues occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection." (Snyder v. Phelps (2011) 562 U.S. _,_ [131 S.Ct. 1207, 1215].

In re Crawford is a very important ruling because the justices said these protections apply to prisoners as well. ...

George Jackson cannot be removed from the fabric of the people's struggles in this society any more than Malcolm X can or Medger Evers or Dr. Martin Luther King, Jr. or Harriett Tubman or Sojourner Truth or Ida B. Wells, Rosa Parks or Frederick Douglass, or the countless others who've fought and struggled for a brighter future for generations to come.

What CDCR and its PIU are trying to do is make a run around the First Amendment by shielding its suppression activity under the guise of preventing gang activity, just as it's done historically, which gave rise to Procunier v. Martinez (1974) 416 U.S. 396, 413.

In In re Crawford, CDCR argued for an exception to the Martinez test for validated gang members. The court declined to make such an exception, holding: "Gang related correspondence is not within the exception to the First Amendment test for censorship of outgoing inmate mail."

The fact that they even argued for such an exception shows their mindset. Their intentions are to suppress that which they believe to be repugnant, offensive and that which they believe a prisoner ought not be thinking! In their minds we have no right to think or possess ideas, concepts or vision beyond that which they believe we should possess.

Until In Re Crawford, these highly educated judges were sanctioning this nonsense with twisted, perverted rulings permitting a newspaper article or magazine layout or book to be used against a prisoner for validation purposes [to put them in torture cells - editor]. They issued twisted rulings like those in Ellis v. Cambra or Hawkins v. Russell and In Re Furnace, where the petitioner was told he has no right to his thoughts and the First Amendment only protects a prisoner's right to file a 602 [grievance form].

These kinds of fallacious rulings ought to be publicized so as to show the skillful manipulation of the law by those sworn to uphold it. In Re Crawford reestablishes that First Amendment protections apply to prisoners and that we too enjoy a measure of free speech and expression. We ought not be punished with fabricated notions of gang activity for merely a thought!

However, if we are to continue to meet with success, we need our professors, historians and intellectuals to step up and provide declarations that we can use in our litigation, defending our right to read, write and study all aspects of a people's history, like Professor James T. Campbell did in In Re Crawford. This is the only way a prisoner can challenge the opinion of a prison official. ...

Much work remains to be done, like stopping the bogus validations based on legitimate First Amendment material. We know that many individuals are falsely validated simply for reading George's books or a newspaper article, for observing Black August or for simply trying to get in touch with one's cultural identity.

These legitimate expressions should carry no penalty at all. You're not doing anything wrong, and a lot of brothas who've been validated simply shouldn't be. Nor should folks be frightened away from reading or studying any aspect of history simply because the state doesn't like its content. Judges who issue fallacious opinions permitting prisoners to be punished for reading a George Jackson book or researching your history should be exposed.

Literary content and cultural and historical materials are not the activities of a gang; they are political and social activities that we have a right to express, according to the unanimous decision in In re Crawford.

The First Amendment campaign continues to forge ahead, although we still don't have a lawyer. The campaign still exists, and we anticipate even greater successes in the future. ... We've cracked one layer of a thick wall. Now all prisoners should take advantage of this brilliant ruling and reassert your rights to study your heritage, Black, White or Brown.

MIM(Prisons) adds: The issue in this case was one that we have experienced first-hand as well. For example, in 2008 a letter from a comrade in California was censored before it could reach us because it discussed the New Afrikan Collective, which allegedly was a code word for the Black Guerrilla Family.(1) But in reality, the New Afrikan Collective was a new political organization in New York focused on bettering the conditions of New Afrikans as a nation, with no connections to any sort of criminal activity.

The first thing that strikes us about this case is a quote from the proceedings cited by the author above, "Gang related correspondence is not within the exception to the First Amendment test for censorship of outgoing inmate mail." Unfortunately this is not part of the final opinion explaining the decision of the court, and it is specific to outgoing mail from the prison. Nonetheless, it would logically follow from this statement that anything that can be connected to a gang is not automatically dangerous or illegal.

"Gang members" have long been the boogeyman of post-integration white Amerika. The pigs use "gang member" as a codeword to excuse the abuse and denial of constitutional rights to oppressed nation youth, particularly New Afrikan men. And this has been institutionalized in more recent years with "gang enhancements," "gang injunctions" and "security threat group" labels that punish people for belonging to lumpen organizations. Often our mail is censored because it mentions the name of a lumpen organization in the context of a peace initiative or organizing for prisoners' humyn rights. While criminal activity is deemed deserving more punishment with the gang label, non-criminal activity is deemed criminal as well.

As the author discusses, it becomes a question of controlling ideas to the extreme, where certain words are not permitted to be spoken or written and certain symbols and colors cannot be displayed. So the quote from the court above is just a baby step in the direction of applying the First Amendment rights of association and expression to oppressed nation youth. Those who are legally inclined should consider how this issue can be pushed further in future battles. Not only is such work important in restoring rights to people, but we can create space for these organizations to build in more positive directions.

Part of this criminalization of a specific sector of society is the use of self-created and perpetuated so-called experts on gang intelligence. Most of our readers are all too familiar with this farce of a profession that is acutely exposed by the court's opinion in this case. The final court opinion calls out CO J. Silveira for claiming that the plaintiff's letter contained an intricate code when he could provide no evidence that this was true. They also call him out for using his "training and experience" as the basis for all his arguments.

The warden's argument is flawed for two reasons. First, the argument is based solely on the unsupported assertions and speculative conclusions in Silveira's declaration. The declaration is incompetent as evidence because it contains no factual allegations supporting those assertions and conclusions. Second, even if the declaration could properly be considered, it does not establish that the letter posed a threat to prison security.

As great as this is, as the author of the article above points out, they usually get away with such baseless claims. More well thought out lawsuits like this are needed, because more favorable case law is needed. But neither alone represents any real victory in a system that exists to maintain the existing social hierarchy. These are just pieces of a long, patient struggle that has been ongoing for generations. The people must exercise the rights won here to make them real. We must popularize and contextualize the nature of this struggle.

On 3 October 2011 I was notified by prison authorities that I had received the September/October 2011 No. 22 issue of Under Lock & Key (ULK) in the mail. I was further notified that I could not have ULK because it is banned throughout the Illinois Department of Corrections (IDOC). I grieved this unconstitutional banning of ULK since IDOC cannot validate its claim that ULK is a threat to security. On 27 July 2012 I filed a Section 1983 Civil Suit against the director of IDOC, S.A. Godinez.

This lawsuit is based on the grounds that IDOC cannot substantiate the banning of ULK and that the banning of ULK violates my Constitutional Rights to:
1) Receive and own reading material;
2) Have freedom of speech; and
3) Have freedom of political expression.

In my Statement of Claim I gave a brief definition of what MIM(Prisons) and ULK are. However, I was wondering if you would like to prepare a statement about what exactly MIM(Prisons) and ULK are and the purpose of their existence.

In further news, on 16 August 2012 another prisoner and I received a notice saying that we had received the July/August 2012 No. 27 issue of ULK in the mail and that we couldn't have it because ULK is banned. We are both currently in the second of three stages of the grievance procedure and will be filing a Class Action lawsuit within the next six months challenging the banning of ULK. This suit will merge with my already existing one.

Any information that you can send me on this topic would be greatly appreciated.

MIM(Prisons) responds: The comrade above has not received an issue of Under Lock & Key since November 2011. Appealing the censorship and going through the grievance procedure will often successfully get you the mail that the authorities are attempting to deny. If that doesn't work, we need to be prepared to take the censors to court when possible.

Unfortunately, due to our very limited resources, it is very difficult for us to offer legal assistance directly on your case. Instead we run the Prisoners' Legal Clinic in an attempt to empower and encourage our subscribers to do their best putting together and filing their case on their own. Recently another comrade offered h legal services to help fight censorship in Illinois, which is not just an ongoing problem for the author of this Civil Suit. We are attempting to facilitate this anti-censorship battle and push it to a head. Remember to send in your censorship documentation and status updates on your anti-censorship grievances and cases so we can publicize them on our website. If you are a lawyer on the outside and want to work on this issue, please get in touch.

Mail the petition to your loved ones and comrades inside who are experiencing issues with the grievance procedure. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses below. Supporters should send letters of support on behalf of prisoners.

U.S. Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Ave, NW, PHB
Washington DC 20530

Office of Inspector General
HOTLINE
PO Box 9778
Arlington, VA 22219

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

I believe if the California comrades looked at the DOC's model over here it would help in presenting a more productive model for them to use in reform. They used to be able to designate us at will with no evidence. Now it goes by a point system. A tattoo is not enough to designate you alone. And when you finish the program here, there's no debrief. You just have a piece of paper of renunciation; no information is needed. They have found ways to corrupt this process, of course, but it is a step up from what California is doing to our comrades.

Our mission is to put an end to these methods altogether, but I believe there are steps in that process. Not only should we be giving a list of demands, but also presenting a model for reform that honors our human rights as well as our due process rights.

MIM(Prisons) responds: California Prison Focus, a reformist organization focused on issues related to SHU prisoners, recently put out an issue of their newsletter almost entirely devoted to analysis and criticism of California Department of Corrections and Rehabilitation's (CDCR's) proposal for a new gang validation system.(1) The CDCR's proposal rests on a point system similar to the one used in Connecticut. A point system might make it more challenging for prison staff to frivolously send someone to a control unit indefinitely, but only if the evidence used to calculate the points is disclosed. Another key difference in the Connecticut DOC's system is that it lacks a debriefing process, and is therefore not as self-perpetuating as the CDCR's.

It may be a tactical advantage to model our reforms off of those which have led to some improvements in other localities. This would depend on the conditions in each location and time. A point system is slightly more objective than the CDCR's earlier protocol of identifying just three pieces of evidence, which were often kept secret as "confidential." But as Ed Mead reports in Prison Focus,

The stated purpose [of CDCR's proposal] is still to "prohibit inmates from creating, promoting, or participating in any club, association, or organization, except as permitted by written instructions."(1)

MIM(Prisons) stands in strong opposition to this stated goal of the CDCR in our efforts to support prisoners in organizing themselves for democratic rights as a class and for self-determination of the oppressed nations.

The U.$. government uses the domestic injustice system to justify the denial of democratic and Constitutional rights to a growing segment of its internal semi-colonies. The recent CDCR proposal refuses to eliminate the use of secret evidence to put people in SHU, which is a denial of due process. Meanwhile, not only is SHU used to punish people for associating with others, but the recent proposal includes plans to expand the range of Security Threat Groups targeted for repression. If these policies were implemented for the overall population we would call it fascism. Organizing strategies of our comrades behind bars should reflect this reality.

What is so sinister about the debriefing process, why it has been a primary target of the anti-SHU struggle, is because the statements given are used as secret evidence to put others in SHU for indefinite sentences, translating to years if not decades, in long-term isolation torture cells. As long as this continues, and as long as prisoners are denied basic First Amendment rights of association then we see no progress in the "new" proposal.

MIM(Prisons) calls for the abolition of long-term isolation, as it is a form of torture that destroys humyn beings. In addition, the way it is used attacks whole nations by targeting leaders of the oppressed and isolating them from the masses. There are reforms that could weaken the second effect, but people would still be tortured unless control units are abolished completely. The proposed point system barely puts a dent in either problem and can hardly even be considered a reform. Therefore we stand with the broad consensus among prisoners opposing the proposal, and call on supporters on the outside to do the same to remove all legitimacy from the government's attempts to keep the oppressed from organizing for any purpose.

Attention oppressed nation citizens and anti-imperialists: the first "Black" president of the United $nakes, Barack Obama, has signed into law one of the most fascistic pieces of legislation ever in the history of this country: the 2012 National Defense Authorization Act (NDAA).

The NDAA has many statutes within it, but here's the gist of the act: It allows the Pentagon/military of the U.$. to determine who is or could be a "terrorist" or an "enemy combatant." It allows those so deemed to be detained in prison indefinitely without a trial and to be kept under its complete jurisdiction. It makes no difference whether the said persyn/group(s) are U.$. citizens or "firing" enemies, and the entire U.$. is now considered a field of combat.

With the enactment of the NDAA, military law and courts supersede the civilian judicial system over those persyns being held for violations under NDAA. So by defining the entire country as a field of combat, all the Pentagon has to do to exercise its organized force is to get the standing President to give his okay.

The reality is that the so-called "Supreme Law" of the land, the U.$. constitution, is null and void in these cases and all of its so-called "protections," i.e. to no cruel and unusual punishment (torture, etc), due process, and so on, are denied. The implications of the NDAA are far-reaching for anti-imperialists involved in struggles for national liberation and independence of oppressed nations inside of U.$. borders and beyond.

There are a few key facts revolutionary nationalists and communists must keep in mind: 1) a united front against imperialism, led by the international proletariat, will be necessary to defeat the imperialists; 2) bourgeois electoral politics are a political sham; 3) there is no such thing in Amerika as "freedom of speech," so watch what you say; 4) independent institutions of the oppressed are a must if we are to meet our needs; and 5) nothing short of a socialist revolution will solve the problems facing poor and oppressed nations.

Reminder: there are no rights, only power struggles!

MIM(Prisons) adds: There is a reason why we don't call the U.$. a fascist country, even though fascism is enforced by U.$. imperialism in parts of the Third World and even against some sectors of the internal semi-colonies where the NDAA is nothing new or surprising. A key fact we might add to the list above of things to keep in mind is that the majority of Amerikans support the system that has awarded them so much privilege compared to most people in the world. This popular support and stability at home is why fascism has not yet been instituted inside U.$. borders. What laws like the NDAA indicate is that the imperialists are prepared to lead the way in a fascist direction.

Many throw the word "fascist" around thanks to Amerikan ahistorical thinking that uses "fascist" as an insult for anything it disagrees with. We uphold Dimitrov's line that fascism is "the open terroristic dictatorship of the most reactionary, most chauvinistic, and most imperialist elements of finance capital." It is not simply brutal repression, which is carried out by political powers of many sorts. For more on the scientific definition of fascism get MIM(Prisons)'s Fascism Study Pack available for $2.

U.$. citizens are said to comprise a nation which embraces freedom. Freedom is said to be such a fundamental element of our nation that we insist on forcing our concepts of it upon other countries. The government coined a military mission "Operation Enduring Freedom." The colonists declared war on the British in the interests of freedom; freedom was a major element in the fuel for the civil war; and the U.S. invaded Iraq to "secure" Iraqi freedom. Freedom seems to be the fuel to the fire of many struggles over the centuries in U.S. related matters.

Justice is also something that's supposedly held dear in this nation. This Justice Department, along with its affiliates, is among the biggest governmental agencies in the nation. Our courts supposedly produce justice. People are murdered by the government, via capital punishment, in the name of justice. People are killed on the battlefield in the name of justice. Unarmed men are shot down in the streets by police, in the name of justice. Justice, as we know it here in the U.S., seems to be a grim reaper with a thirst for blood.

Sometimes what one says about their character is not always in harmony with their actions; the same is applicable to a nation. As the old saying goes, "Actions speak louder than words," and I believe that the actions carried out by a nation's government are the true indicator of what that nation's principles and values are. Governmental action here in the U.S comes in the form of legislation, policy, enforcement, and rulings.

So despite what we say as a nation regarding how important freedom is, the question becomes: Are our actions in line with what we say? I think not and here's why. We say that we cherish freedom. In fact our Declaration of Independence says that man's freedom is an unalienable right, yet we have a larger number of people incarcerated than any other nation in the world. People will have many rationalizations as to why this is so, but from a purely objective analysis none hold up. Being the number one wielder of human captivity, while supposedly holding man's freedom in the highest regard, are two totally irreconcilable positions.

Additionally, even as the Declaration was written and for years afterward, slavery was an accepted institution in this country. So while freedom was being formally recognized as a man's inalienable right, certain men were being denied that very right. How can those two positions be reconciled?

Freedom, as defined by the Black's Law Dictionary is: Quality or state of being free; liberty; independence

And Free is defined as: Not in bondage to another; enjoying liberty; independent.

Prisoners, slavery, excessive laws, our government seems to be the personification of the anti-freedom. Surprisingly many citizens seem oblivious to this paradox.

And who defines justice, being that it's such a fluid concept. I mean, one person's justice can be another's injustice. In the interest of having a formal gauge, I'll refer to the "Webster's" dictionary for definition. Justice is defined: Uprightness; equitableness; fairness.

Now consider some of the actions committed by our government.

During the westward expansion of this nation, the government continuously laid claim to lands that they had previously agreed to leave to the First Nations. The First Nations were, for the most part, patient as Buddhist monks when facing these recurring betrayals. But even a priest can reach his boiling point, and when the First Nations reached theirs, the government resorted to forcefully taking the land. To take the property of another by means of force or fear is robbery. Robbery is a crime punishable by imprisonment/fine. This is not very much in line with justice is it?

Then think of the governmental approval of slavery in this nation. Not in regard to the actual practice of slavery but the fact that our government once deemed it acceptable and now denounces it. The key here is that despite the reversal, the government has made no restitution for this crime. No formal apology, no monetary compensation, or any "peace offering" to the New Afrikan nation.

In contrast, the German government has formally apologized and committed monetary compensation to the Jews for the Holocaust. And even in the United Snakes of Amerika, the government has started providing compensation to the First Nations. But I suppose that the decision makers in the government feel that Amerika is above any measures to make amends to mere "niggers." (No offense to anyone in the New Afrikan nation, to which I belong. I simply use the word that the imperialists would in their reasoning). Yet they still boast Amerika as a justice loving nation.

And moving right along into more modern times, a focal point relevant to this subject is Amerika's criminal justice system, which is contrary to the meaning of justice. For starters, studies have shown that Black nations and Latino nations receive harsher sentences and more severe charges in comparison with their caucasian counterparts. This is in regards to the very same or similar criminal acts.

A good example of this is the sentencing disparities between crack cocaine (mostly found in inner city, oppressed nations, neighborhoods) offenses and powder cocaine (generally associated with suburban, caucasian, neighborhoods). Despite the fact that the powder form of the drug has more of it than crack, five grams of crack will get one the same amount of time as about one hundred grams of powder cocaine. How absurd is that? There's nothing just about a system that harbors racial disparity.

In the interests of promoting a safe and healthy society, the government has instituted the position of prosecutor. In their prosecutorial duties, the prosecutor is supposed to be bound by moral, ethical, and legal restraints. One of the main legal restraints supposedly binding the actions of a prosecutor is the constitutional "guarantees" that every defendant is supposed to have. In theory, a prosecutor must respect a defendant's constitutional rights.

In reality, Amerika's Supreme Court has deemed a prosecutor's violation of certain constitutional "guarantees" acceptable. Therefore prosecutors don't feel very obligated to respect a defendant's constitutional rights. Add to this the fact that prosecutors have been granted immunity from civil liability in relation to their on the job misconduct. This basically give them license to disregard the law, having nothing upright, fair, or equitable about it.

There are plenty of instances which can illustrate precisely how unjust the so-called justice system is. Biased/racist judges and prosecutors, intentionally ineffective defense attorneys, discriminatory laws, all of these things help shatter the facade of legitimacy and justness of what is called the justice system. And ironically New Afrikans, the same people who were subjected to the inhumanity of slavery, are disproportionately targeted by the criminal "justice" system. It appears that the main facet of justice in Amerika is overt oppression. Amerika is the enemy of both freedom and justice.

MIM(Prisons) adds: A recent book review further highlights the true injustice of the prison system in Amerika. And overall this comrade makes a very important point about the hypocrisy of the U.$. claim to support freedom and justice. We will, however, point out that in order to achieve a society that truly affords everyone freedom and justice, we must first dismantle capitalism. And that will not happen overnight. For this reason, we support an explicitly repressive society called the Dictatorship of the Proletariat, which is a transition period between capitalism and communism where the government is run by the people and actively represses the freedom of the former bourgeoisie. We can not be idealists and think that it is possible to just magically conjure up a society where all are equal when those in power will fight to retain their power, and our culture teaches people to work first for individualist selfish goals. We will need years of retraining and re-education for people to truly work in cooperation for the common good.

The downloadable grievance petition for Arizona has been updated to include some more relevant addressees that were submitted by a comrade. Please download it here. Click the link below for more information on this campaign.

Mail the petition to your loved ones and comrades inside who are experiencing issues with the grievance procedure, or mandatory polygraph testing. Send them extra copies to share! For more info on this campaign, click here.

Prisoners should send a copy of the signed petition to each of the addresses below. Supporters should send letters on behalf of prisoners.

Mr. Tom Clements, Executive Director
Colorado Department of Corrections
2862 S. Circle Drive
Colorado Springs, CO 80906

U.S. Department of Justice - Civil Rights Division
Special Litigation Section
950 Pennsylvania Ave, NW, PHB
Washington DC 20530

Office of Inspector General
HOTLINE
PO Box 9778
Arlington, VA 22219

And send MIM(Prisons) copies of any responses you receive!

MIM(Prisons), USW
PO Box 40799
San Francisco, CA 94140

*Petition updated July 2012, October 2017, September 2018*

The recent strike has unleashed a new round of censorship here in Pelican Bay. It's crazy that the very issue that CDCR claims to be "working on changing," that is 'Group Punishment,' is the very thing they are still doing by punishing everyone for the strike. Administrators from Sacramento came in their suits to beg prisoners they label falsely as 'worst of the worst' to stop striking and told them that if they stop there will be no retaliation, and yet here we are getting our political literature censored because of participation in the strike!

The state is so sick that it is not enough to keep prisoners locked in solitary confinement for years. It shows the cruelty, the depravity of what we are up against, and so when I think of so called 'constitutional rights' I know in my heart that these so called rights don't apply to me or any other prisoner in Amerika. When I'm denied even the ability to think, this is when I know the intention is to destroy me mentally and psychologically.

This is what the Security Housing Units (SHU) is used for - destruction cut and dried, there is no other reason for the modern day control unit, it's used to break you down by all means necessary. Whatever it is you enjoy is taken. If you like the fresh air we will have lock down, loss of yard privileges, etc. If you like to watch TV the power will go out throughout the week or COs can simply take your TV for 90 days. If you like to read, your books and newspapers will be denied and censored. If you like to write certain people they will stop your mail, return to sender and claim this address is a mail drop, etc. The list goes on and on. This is all done to get people to collaborate with the state in order to get out of SHU.

So as people go about living their life, or even for people incarcerated who have no idea of the active repression many face, I say it's real and be ready for the same repression. I have gone years having my literature from MIM and ULK censored and I have learned not to rely solely on ULK or MIM Distributors but to study on my own or with others. And when I do receive some political science literature, some revolutionary history, I read it over and over and discuss it with others so that I remember it and expand my understanding of it.

What we are experiencing now in the SHU with the new censorship will become common as prisoners in Amerika become more progressive and revolutionary. It is for this reason that people should prepare for this repression just as urgently as one would prepare for a hurricane or earthquake or any other disaster. To disregard this will leave one with nothing, no lifeline to truth, no theoretical nourishment, and most of all no guidance.

MIM(Prisons) responds: This comrade raises an important point about the value of political literature and the need to prepare for censorship. We face censorship across the country in so many prisons it is hard to keep track. But it is never sustained forever, sometimes we can get past the censors after a few months of appeals, sometimes it takes years and a court case, sometimes there is nothing obvious that changes but suddenly literature is allowed back into a prison. Regardless of the reasons for the censorship or the victories against it, it's clear that we need to get as many people as possible on the ULK mailing list to maximize the distribution, and those receiving it and other literature need to share it, create study groups, discuss what they are reading, and spread the word.

With the passage of the National Defense Authorization Act, which allows indefinite detention without charges or trial, the U.$. population is becoming more aware of the emptiness of "constitutional rights." There are no rights, only power struggles, as this comrade explains.

The CDCR is trying to blame the organizing of the statewide food strike in California prisons on gangs. Meanwhile, the liberal line being put forth in the bourgeois media is that activists dismiss such accusations. Somehow prisoners across California, and even those transferred out of state, participated in solidarity with the food strike on July 1. We know that MIM(Prisons) was one of many organizations with newsletters that contributed to spreading the word, but none of us initiated or did the groundwork to ensure the effectiveness of this campaign. CDCR Spokesperson Terry Thorton tried to explain this as an indication of "the reach and the influence that prison gangs have on other inmates." She went on to say, "It's one of the reasons we have a Security Housing Unit, to remove gang members influence on other general population inmates."(1)

The media is juxtaposing the pigs' assertions about gang leadership to the denials of activists to paint strike supporters as idealistic know-nothings. The prison bureaucrats make careers out of being experts on gangs and criminology, and they rely on the public to trust in their expertise to keep them "safe."

In reality, this pseudo-debate being played out in the media is painting an idealistic view of prison society that ignores history. The pigs know that groups allied to the Black Panthers and other national liberation movements used to lead the prison masses. They know because they broke that up, partly by using long-term isolation, and they encouraged oppressed nation groups with more criminal tendencies to develop with bribery and by turning a blind eye. Now they condemn the monsters they created to justify more repression.

The line MIM(Prisons) has been pushing since before the hunger strike began is in defense of the First Amendment right to association. While countless people have been placed into gangs they've never even heard of by state officials in California, there are many in the SHU who are not trying to fool anyone into thinking that they aren't members of a lumpen organization considered an enemy of the CDCR. This is evident in the statements of the strike leaders which talk about uniting all "races," including "northern" and "southern" Mexicans. Aztlán is one oppressed nation that the pigs have helped draw a line through by promoting criminal organizations that must compete. It is only the fascist conditions within California prisons that prevents prisoners from even being able to speak of their organizational ties.

When we say there are comrades in Pelican Bay SHU who are respected leaders of lumpen organizations, there is no criticism implied there. Some of those comrades have worked tirelessly to orchestrate a Peace Accord between the major divisions within the California prison population, among many other positive projects for their people, including the current campaign. The lie that is promoted by the "tough on crime" bourgeois media is that to be a member of a lumpen organization you must be an evil persyn. Just like they did for Tookie, there is no redemption for the lumpen under imperialism, even when they do more than anyone around them to change the world for the better.

Central to the demands of the striking prisoners is that the state cannot claim to abide by its own rules while it punishes people using secret evidence and petty charges like who they talk to or get mail from, what books they read or tattoos they have. The bureaucrats hide behind the presumed neutrality of the bourgeois courts to defend the torture they put these prisoners through.

The striking comrades are some of the individual oppressed nationals that the imperialists find the most threatening within their own borders. That is why they are being tortured in long-term isolation. Yet, by all indications, the state is going to let these brothers die rather than grant them Constitutional rights to association.

The oppressed nations are free to organize in this country, as long as it's on the Amerikans' terms. If not, then even talking about such organizations will get prisoners thrown in long-term isolation and will get supporters on the streets censored.