Under Lock & Key

We rely on information directly from prisoners and returned mail to track our censorship. For the 2011 reporting year, only 72% of all mail was not reported as censored or received. This is a big improvement from last year's 83% unreported mail status. We see two causes for this change. One is that we stopped giving everyone who wrote to us automatic 6 month subscriptions, and instead required confirmation of receipt (or censorship) of a sample issue of Under Lock & Key first. This not only reduced the amount of mail we sent in by 30% from last year, but pushed those who wanted Under Lock & Key to confirm receipt of the sample issue, doubling the amount of people reporting receiving ULK.

Another contributing factor to the high reporting rate is the institution of Unconfirmed Mail Forms, which is a short form we send out to encourage individuals to report the mail they've received. We primarily send these forms to people we suspect are experiencing censorship of our materials. Even if you don't receive one of these forms, you should still tell us everything you have gotten from us since the last time you wrote. Since we ask about the entire history of mail we've sent in, not just in this reporting year, the institution of the Unconfirmed Mail Forms (UMFs) has improved our stats on past years as well. In the last year we've improved the amount of mail unreported for the July 2010 Report from 83% to 78%. We plan to continue using UMFs to better assist in tracking our censorship.

Like we reported in MIM(Prisons) 2011 Congress Summary and Resolutions, in the past six months we have been focusing our resources on building cases and recruiting lawyers rather than writing letters to administrators. Most of the victories in the fight against censorship come from prisoners filing appeals and defending Under Lock & Key in hearings. MIM(Prisons) plays a supporting role in ensuring that the administrators know that someone on the outside is paying attention and publicizing their illegal actions. So while it is not of vital importance that we write these letters, it has still helped overturn censorship in enough cases that we find it worthwhile to pick up this task again.

Victories

A major victory was won against Dona Ana County Detention Center in Las Cruces, New Mexico this year. A prisoner won a partial settlement for censorship issues. The settlement names MIM Distributors and Under Lock & Key and is in favor of prisoners' rights to receive "copied" material. If you are experiencing censorship for copies, write in for this information.

Red Onion State Prison in Virginia has been notorious for censoring Under Lock & Key to the point where we haven't heard of our newsletter getting in since issue 5 (November 2008). The Final Call and Prison Legal News both won settlements in favor of getting their newsletters into Red Onion in recent months. Since the treatment of The Final Call and PLN was similar to the treatment of ULK, we are hoping that those settlements will impact how ULK is received at Red Onion. This is yet to be determined.

Changes

A reasonable expectation for our anti-censorship work is that when we win a victory in a state, we should either continue to have victories there or no longer experience censorship. Of course this expectation wouldn't apply if the conditions within the state change and become more repressive. In the cases of New York, Illinois and Colorado there have been victories in the past but only censorship without victories in this reporting year. In Illinois and Colorado, some victories have been connected to outside pressure put on by MIM(Prisons). This leads to the logical conclusion that victories would be more likely if we continued to apply this pressure.

In New York there doesn't seem to have been a connection between outside pressure and victories. Those reversals in censorship came strictly from the hard work of New York prisoners fighting for their own rights. We are unsure if the current lack of victories is due to a change in conditions in the NYDOCS or a lack of prisoners fighting censorship.

There is a hunger strike happening in Pelican Bay State Prison in California that is well under way. In June 2011 we heard word that our mail had recently started getting in just prior to the start of the strike after experiencing major censorship there for years. In the last year 44% of the mail we've sent into Pelican Bay has been confirmed as received (13% confirmed as censored), compared to the previous reporting year's 25% received (57% censored). Hopefully the hunger strike will be successful in granting people held in PBSP their five core demands, including an end to mail tampering.

Future Struggles

While we try to win as many victories as possible through writing letters, if a facility or state won't follow the law, then it eventually becomes necessary to take them to court. Due to our limited resources and time, we encourage the prisoners affected by the censorship to fight the issue as far as they can. In Arizona we came to one of these brick walls related to the censorship of a study group assignment for "promot[ing] racism and/or religious oppression" without containing any words that refer to race or religion. We reported on this issue in Under Lock & Key 18 and are still struggling to find a lawyer that will take on this important case.

And yes, mailroom staff in California are still clinging to the 2006 memo banning MIM Distributors, which was nullified in a settlement between Prison Legal News and CDCR way back in 2008. Can you believe it? The California institutions that are still favoring this method of censorship are Deuel Vocational Institution and Pelican Bay State Prison.

In Salinas Valley State Prison in California, rather than citing the overturned memo, the Warden creatively assures us that the staff was new at the time and have now been retrained, or claim to simply not see mail from MIM Distributors arriving there. This is completely bogus considering we consistently send in ULKs every time there is a new issue, in addition to persynalized letters and other literature. When we called the Warden out on the fact that there was no change after the "new staff" was "retrained," he simply baselessly told us there is no censorship and "no evidence the mailroom staff are negligent in their duties or MIM Distributors mail was illegally tampered with as you claim." No shit, there's no evidence if you just throw the mail in the trash! While some mail gets into SVSP sometimes, they are still highlighted on our list of brick walls we are determined to break.

In Nebraska the ACLU has picked up on censorship of our materials and has been doing research, writing letters, and may eventually file a suit on behalf of MIM Distributors and the prisoners facing censorship. They have reviewed most if not all issues of Under Lock & Key and have determined that "the prison is violating both [MIM(Prisons)'s] First Amendment rights and the rights of the prisoners." We are excited to be working with the ACLU to hopefully set a precedent in Nebraska that protects people held there against censorship. We encourage any lawyers on the outside to follow their example and get with MIM(Prisons) to fight censorship in prisons!

[Editor's note: We want to remind our readers that USW is open to anti-imperialist prisoners of all nationalities, just as the strike is being led by prisoners of all nationalities. MIM(Prisons) agrees with the line put forth here, because it is by building movements for national liberation
from imperialism that we can best conquer the oppressive system we currently live in. And any genuine national liberation movement supports the liberation of all people. We want to be clear about this because there have been reports of the CDCR attempting to fuel divisions among the prisoners on strike along long-standing organizational and national divisions as they always do.]

A people's salute goes out to all who find themselves under lock and key in Amerika! I wanted to write and send a brief update on the conditions here in Pelican Bay coming from one of the participants of the hunger strike (HS) that began two weeks ago, on July 1 of 2011. I figured the historic precedent that the HS has accomplished thus far is worth noting as the cause of the non-violent protest is one in which many people find themselves in across Amerika. The material conditions that have forced prisoners to deny themselves nutrients and sustenance are not exclusively bound to Pelican Bay, California. Whenever imperialist lackeys run a country they will also be expected to round up the most rebellious and potentially revolutionary populations and bury these people alive as these are the ones who pose the highest threat to the ruling class.

The fact that the protest is in regard to torture chambers known as the Security Housing Unit (SHU) in California, a state that has more prisons than any other state in a country that has more prisoners than any other country, should be examined more closely for what it means to oppressed nation prisoners in general but to people of Aztlán in particular. The fact that the state of California, which is geographically in Aztlán, has initiated what amounts to a war on the people of Aztlán by setting up more koncentration kamps (prisons) in Aztlán than anywhere else in Amerika, along with incarcerating more Latinos in California than any other oppressed nations, and the fact that Latinos are now the largest population of captives held in Federal prisons, and the fact that most of the prisoners held in California SHUs are Latinos, all show that oppressed nation are under attack via the injustice system, and that prisoners from the Aztlán Nation are particularly targeted in Aztlán. California is also the state with the largest Latino population in Amerika.(1) Thus the scope of what is taking place should be seen for what it is - the assault on Aztlán is real and should be met as such.

What is occurring here at Pelican Bay is an attempt to break the will and desire to resist state repression plain and simple. The SHU was opened in 1989 and this facility was designed to isolate and deprive people of the most basic "human rights." Things like human contact, a cell mate, the ability to eat salt in one's food, the ability to correspond with friends and family via the mail, the ability to have natural sunlight or even to be able to read political literature have all been stripped from prisoners in the SHU. Brutality here has been documented for decades. Beatings and physical torture have even been brought to the courts to no avail. Recently the U.$. Supreme Court has ruled that California prisons constitute "cruel and unusual punishment." They are telling the state of California to clean up its act.

Medical services are even used as barter. One prisoner was told if he wanted medical treatment then he should "debrief" (snitch on another prisoner). This is the depraved culture that has thrived here in SHU. This is a world where prisoners who are most often poor Brown and Black people are subject to a whole plethora of experimental depravity which in some cases would probably have Mengele raise an eyebrow.

It is well known that solitary confinement causes very real psychological damage even if used for a few weeks, yet here in SHU prisoners have endured solitary for years and even decades in some cases. Human rights groups have condemned solitary confinement, yet the SHU continues this brutal practice. Once here in SHU the only way back to general population is to snitch on others (even if it is false accusations), die, or parole. Keep in mind the vast majority sent to SHU have not committed any crime or physical acts but are labeled a "gang member or associate" and thus locked in this control unit for one's supposed gang affiliation, i.e. one's beliefs. They are locking one in a solitary confinement cell, sometimes for life, for what amounts to thought crimes!

Placement in the "hole" or SHU is frequently due to political affiliation of prisoners who are members or may associate with revolutionary groups or lumpen organizations that the state labels as "gangs." In their play on words, any attempt at oppressed nations to organize in a way that is not state sanctioned, is a gang. Similarly, they call uprisings "riots" in a derogatory way, to hide the real causes behind them. But many times people aren't even members of any organization and are falsely accused by others who are trying to get themselves out of SHU. In either case, prisoners held in SHU conditions overwhelmingly qualify as political prisoners.

The world would gasp should they find out the thought police are goosestepping in lock step here in Pelican Bay, jack boots and all. The Gestapo in Nazi Germany rounded up communists and others and placed them in kamps and jails under "preventative custody." And now the imperialists' first line of defense keeps oppressed nations in neo-kamps (SHUs) under "validation custody." This is what the lumpen face in the United $tates; this is our apple pie in the home of the incarcerated, land of the oppressed.

Yet, prisoners have always defied the lash, because as Mao said, where you find much repression you'll find much resistance. This is the dialectical materialism that manifests itself and blossoms, even within cinderblock gardens, in the form of our united resistance.

The first of the five demands issued for the hunger strike here at Pelican Bay is to end group punishment. This happens frequently where one prisoner breaks a rule and that whole group or ethnicity will be locked down or penalized in some way. We are talking about one person doing something against prison rules and two or three hundred people are then locked down for months over it. This is common practice and is meant to pit prisoners against prisoners.

The second demand is to abolish debriefing and modify active/inactive gang status criteria. Debriefing is used to force people held in SHU to give up names and activities of others in order to leave SHU - even if the information provided is false. The accused cannot even present a good defense as the informants are not identified and often times the accusations themselves are considered "confidential." Active/inactive status is when after six years if one has no new activity one may be given "inactive" gang status and released to the general population. But this is rare since anything qualifies as "activity." For example, participating in this hunger strike will be considered new gang activity.

The third demand is that the CDCR complies with recommendations from a 2006 U.S. Commission which called for an end to isolation. The fourth demand is to provide adequate food. The food here would make a racoon's stomach turn. Often we don't know what it is we are eating and we get no salt, so all food is bland. For punishment often times we get boiled beans with no salt, and this has gone on for years. The fifth demand is to expand and provide constructive programs and privileges for indefinite SHU prisoners. This means those of us who must stay in SHU will be able to have educational courses, art supplies, and the ability to make a phone call, which some have not done for 30 or more years.

These points are basic things that should be given, especially to people who have not broken any rules to be placed in SHU in the first place! What is happening here in Pelican Bay SHU amounts to crimes against humanity. To have people in solitary confinement in some cases for decades is incredible, and it's incredible that this has gone on so long and that for the most part the public has been silent over this. Well, today the light is shining on these torture chambers and Pelican Bay prisoners will no longer be silent while taking the lash.

I was recently given the privilege of reading your newsletter Under Lock and Key number 20. I was very impressed with the variety of topics and issues discussed at length in your newsletter. Some of the issues addressed hit home with me, particularly because I have and am experiencing the exact same, or incidences that juxtapose with the issues in your newsletter. Specifically, the articles False Validation Campaign in California, and Forced into SNY for Political Organization.

My current status and situation, and what led to my current housing status and prior events, correlates to both articles. I arrived at Pleasant Valley State Prison (level III) in December 2009 from High Desert State Prison (level IV), on a bi-annual favorable transfer. In January 2010 I attended my initial classification committee (ICC) and received my CDCR 128-G chrono. It indicated I am a member of the "Ansar El Muhammad" (AEM) disruptive group.

When I arrived in December 2009, while being processed through receiving/release (RR) I was called an extremist-terrorist by CDCR (California Department of Corrections and Rehabilitation) staff and my religious properties were confiscated. At the time I didn't give this event any value, except that I filed a CDCR 602 (complaint). But since then multiple incidence of retaliation, harassment, false claims and the confiscation and destruction of my religious property has occurred. Furthermore housing assignment staff and building floor staff have been putting active gang members in my cell, and as result I've been assaulted, received multiple threats of violence from prisoners and staff, labeled a snitch, received a rule violation report (CDCR 115) for refusing to cell up with any more gang members, and currently I'm in Administrative Segregation (pending SNY) transfer.

CDCR staff have falsified chronos in my central file (C-file) dating back to 2006, and I didn't discover this until 2010. It is my strong belief that prison officials have manipulated and orchestrated prisoners since 2006 to cause me physical harm, as I was stabbed and assaulted in 2006.

In 2009 I settled out of court for a §1983 civil complaint I filed in 2007 for the stabbing of 2006. But I strongly believe that somewhere in my central file prison officials have kept a record that I received an out-of-court settlement against prison officials (CDCR), which is what is and has motivated prison officials (Green Wall) to use these tactics of falsifying records and manipulating prisoners to continue to cause me physical harm.

MIM(Prisons) responds: This false jacketing of prisoners and setting up divisions and fights as retaliation against those who exercise their legal rights to protest abuses in prison is a common practice. This is a strong reason for our campaign to build a United Front for Peace in prisons. A key principle of this United Front is unity among those facing the same struggle.

The administration's view of UZI is so dark due to two major words within our radical title (United & Independence). They fear the unity of the lumpen, and they see the independent thinker as a serious threat.

I will keep in contact with the United Front for Peace in Prisons to let you know of our progress to rebuild.

It Don't Stop!
Zulu

MIM(Prisons) responds: UZI had been an active participant in pushing for a United Front for Peace in Prisons, working with MIM(Prisons) for just over a year before their demise at the hands of the state. We
hear they were doing prom- ising truce work between lumpen organizations in their region. As they allude to, they were very careful about the language used in their literature so that it could not be misconstrued to be something of a "crim- inal" nature or promoting forbidden behavior within the Missouri DOC. Despite all this, the DOC still saw it appropriate to brutally crush this peace movement, demonizing any attempt by oppressed nations to organize. We expect that more New Afrikan blood will be shed in Missouri as a direct result of this ob- struction of peace, and this blood will be on the hands of the COINTELPRO-type forces.

[MIM(Prisons) has long defended a line that combats the divisions that the California Department of "Corrections" has tried to institutionalize by separating large numbers of people from the General Population (GP) into Sensitive Needs Yards (SNY). In a previous letter this comrade joined us in calling for SNY and GP alike to contribute to the struggle, while not hiding h lack of regard for SNY prisoners. Today h story serves to demonstrate why allowing the pigs to tell us who is our friend and who is our enemy is a backwards way of discovering the truth.]

I'm in the hole (Administrative Segregation Unit) once again, the material you sent found me when I needed it the most. This time around I'm found under an ISU/IGI investigation which will most likely result in me being sent to the other side (SNY). Surprising? Not really, I saw it coming since the day I committed myself to the United Struggle from Within (USW), in the form of either validation as a guerrilla revolutionary or the assassination of my character behind these walls through the SNY program that leaves a lot of brothers and sisters credibility out and in the cold away from the warmth of prisoner society's acceptance.

It's crazy how it happened all so fast. I blinked and at the drop of a dime my whole life turned upside down. It started October 16, officially with an unjustified unclothed cavity/cell search that I refused to submit to because the officer first claimed that they were hitting my cell randomly, then later said because me and my cellmate were exhibiting suspicious behavior when I was on the toilet taking a shit and my cellmate was on the assigned bunk asleep. I understood the nature of the situation that the corruption officers were creating. Someone dropped a dime on me, so I looked to get a paper trail.

By searching my cell they were committing a constitutional violation against search-and-seizure safeguards granted to prisoners such as notification of cell searching party (corruption officers involved), confiscation of personal property, and the right to appeal without retaliatory actions being taken against one. I made the choice to get the incident documented to bring to the attention of the administration here at Killer Kern, and I paid for it in the worst way possible. But still I stand revolutionary minded putting USW theory into practice outside of the study group's environment. Refusing to let the dragon win, I fight them with my pen and continue to force them to show their brutality on paper and physically.

After refusing to submit to their commands I was placed in wrist restraints and escorted to the facility program office cage where I spent the next few hours resisting the Sergeant and Lieutenant's request for me to submit to an unclothed body search. At this time the corruptions officers searching party (the Kern Valley A yard jump out boys) were back at the cell, searching, confiscating, and disposing of my property and attempting to pay me back for my resistance. They came across a kite [prison letter] that I had hidden inside a medicine bottle waiting to be delivered to it's destination. I will say that I slipped up! Cause I did.

The kite was in regards to a business arrangement that I had going on and gave details about involved individuals who were to participate. The kite was supposed to be delivered that same morning, but due to the unexpected visitors it wasn't and I thus forgot about it in the commotion of three COs at my door with their cans out ready to spray me while on the toilet for nothing.

I knew what was up, but didn't act quick enough and therefore allowed intel into the hands of law enforcement. And they had a ball with it immediately reading the kite loud enough for my neighbors, who were members of my LO, hoping to create the confusion that they did.

I spent three days in a small holding cell, cold, cuffed and shackled, taped in a dirty jumpsuit, with no linen, and a mattress that I was allowed only to lay on from 10 p.m. - 6 a.m. with no covering on it. Sleep-deprived with lights on all night attempting to sleep with restraints, I was deprived medical care, and denied high blood pressure medication. I was smelling like shit without a shower, and forced to eat cold meals without any eating utensils or a cup to drink from. I felt the firsthand experience of torture at the hands of the department of correction (corruption) until I had three bowel movements to prove that I didn't have anything concealed in my ass.

Once my bowel movements showed negative results for contraband (not an explosive device or a gun, or a knife, but simple contraband) they released me back to the yard, and to the cell I went.

Not even three hours after my arrival I received a kite about the matter of the disclosure of intel in the confiscated kite. It wasn't "Cuz how you holding up? Can we assist you any way?" or none of that. But with everything falling the way it did, I understand. Because a week prior to the incident, individuals of various groups were getting popped with phones. And all were cats who were making the dead presidents, but removed from the front lines. There was a leak and Investigative Services Unit (ISU) was getting more fat than a fat guy in an all you could eat buffet.

I was brought up on charges of being that leak. And if the shoe was on another person's foot, I would've really pushed for an old school lynching. Treason is a no no, but here it is in the accused, getting kites now from OGs on the bricks, and weeks later I find myself up against the wall with those who I've actually shed blood for, explaining that I ain't no fucking rat and did not intentionally drop intel into the hands of law enforcement. Time drew on with me and those that be, doing just as the pigs planned us to, as we were on lockdown due to a war with the Blacks and the "southern Mexicans," over a drug debt, a phone, and miscommunication that caused an eight-on-twelve melee between Blacks and Browns, and one Black to be stabbed eleven times.

The option came around to me after the verdict came in that I was guilty of loose lips. I could either clean up some green (guards), get cleaned up, or handle the individual who would clean me up. For those who can't read between the lines clean up in this situation means to stab something up good enough that the message (whatever it may be) be sent clearly.

Now it may seem like nothing, but I'm not new to this shit, I'm true to it. I ain't no crash dummy, I've got a close release date, and a lot of life to live. I ain't stabbin' no pig without no chance of getting away, and I damn sho' ain't about to be a pin cushion. So I got the hell out of dodge, and didn't blink doing it. I'm an SNY, I recognize that some will understand, but most won't and I am no longer who they seen me as. But my time was limited as any real active revolutionary is on the line abroad the people who are and love the same exact thing that they claim to hate. Straight up!

Politicizing amongst the LOs is a difficult task when the same ones you advocate for are advocating against your existence for individualist purposes. I bump heads with the big dawgz about policy even when certain radz advised against it because of my youth and their popularity, and I got exactly what they said it would get me. An early death in the prison game.

I sit in ASU now on my third month for investigation into my security concerns that I raised truthfully on a 602 appeal form. The ISU/IGI agents attempt to sell protection like they are some type of "Green Wall" protection agency. I'm told the more you cooperate and inform us into the details of drugs, cellphones, crooked cops, and criminal activity, the more we can help you. Since when does the lion help the lamb?

I attempted radio silence with MIM(Prisons) until I could get my §1983 lawsuit put in, because my mail is being highly monitored, censored, withheld and returned.

But it seems that faith will have us together married until death do us part. So I'm back like Jesus from the dead, not really back at all, reborn into the characteristic of a USW on the other side of the fence.

MIM(Prisons) responds: This letter is one more example of our point that not everyone on SNY yards is a snitch or rat as the pigs would like us to think. A bourgeois approach to security allows the bourgeoisie to win out. By bourgeois, we mean an individualist, rather than a group approach. We oppose studying "persynalities" instead of politics. And we oppose thinking that violence against individuals builds a strong movement.

There are plenty of enemies on mainline and there are friends to be found in SNY. How we associate and how we build allows us to determine which are which, not rumors or labels given out by the enemy.

Today the Federal Bureau of Prisons Director, Harley Lappin, did a phony inspection of the Special Management Unit (SMU). He walked into the unit, posed for photographs for the upcoming propaganda campaign, then made a beeline for C-range (disciplinary glassed housing). Mr. Lappin stopped at my cell door, looked at the door tag bearing my name and stated, "you started it, but I'm going to finish it!" Several individuals, including Warden Rathman, accompanied Mr. Lappin and witnessed his threat.

I accept Mr. Lappin's threat as retaliation for filing a civil action (D.D.C. 10-1292) due to the continued torture of prisoners in these SMUs (psychological warfare via prolonged isolation) which was declared illegal back in 1970, Ex Parte Medley, 134 US 168. I will defend myself at all cost!

The SMU has a history of viciously attacking prisoners with use of force teams to torture them into compliance with their psychological torture regiment. Attempting to cope, some are forced to take psychotropics. It is evident Mr. Lappin views himself as above the statutory law, but he is not above the people's law!

As suspected, our appeal to the corrupted grievance system was denied. It has been decided that we continue our punishment here in Administrative Segregation (Ad-Seg), all because we 16 Brothers were observing Black August.

These pigs can stop a revolutionary but they will never stop a revolution, by the words of Brother Fred Hampton. Black August is a peoples' holiday, so why should I be punished for it? It's a proven fact that this administration used my observation to place and keep me in Ad-Seg.

Mail the petition to your loved ones and comrades inside who are experiencing issues with the grievance procedure or censorship of music and literature. 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.

Tom Clements, Director of Adult Institutions
P.O. Box 236
Jefferson City, MO 65101

Chris Pickering, Inspector General (MO DOC)
P.O. Box 236
Jefferson City, MO 65101

U.S. Department of Justice
PhB 950 Pennsylvania Ave, N.W.
Washington, D.C. 20530

Marianne Atwell, Director of Offender Rehabilitative Services (Missouri)
P.O. Box 236
Jerrerson City, MO 65101

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

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

For our own sanity, and for freedom, we must recognize that there are no rights, only power struggles. As the articles in this issue of ULK demonstrate, so-called "rights" on a piece of paper are only a point of reference for debate. Their enforcement will depend on the actions of the different forces, groups, classes involved.

We hope that after reading this issue you are inspired to know that we are all struggling against the same oppressor in very similar ways. Some may use these stories to justify not rocking the boat, but they would be wrong. These are stories of people who are merely trying to educate themselves, or obtain basic respect, and they are attacked. These stories were hand-picked to demonstrate the political motivations of state employees, and to disprove the theory that repression is only used when necessary to prevent crime and control "trouble makers."

While we haven't received any reports directly from the comrades involved, a couple of organized collective struggles have created headlines over the last month in U.$. prisons. The Georgia strike was an historical event that involved thousands of prisoners from four different facilities who were responding to the lack of pay for labor, visiting rights and other abuses. One participant reported:

"On December 9, Georgia state prisoners stuck together and learned what their togetherness could do. They learned that they could get more accomplished being unified than they ever could being separated. For this day, Black, White, Brown, Red and Yellow came together. This day saw the coming together of Muslim and Christian, Protestant and Catholic, Crip and Blood, Gangster Disciple and Vice Lord, Nationalist and Socialist. All came together. All were together. The only antagonistic forces were the Oppressors and the Oppressed."(1)

Meanwhile, in the Ohio State Penitentiary Supermax, four comrades protested years of torture by engaging in a hunger strike. These comrades continue to be persecuted for their participation in the famous Lucasville uprising in 1993. As we go to print, we've heard reports that after a two week strike, their demands for semi-contact visits, real rec, access to legal materials, and commissary were granted. In a statement from one of the participants, the message of this issue of Under Lock & Key is echoed:

"If justice as a concept is real, then I could with some justification say, 'Justice delayed is justice denied.' But this has never been about justice, and I finally, finally, finally understand that. For the past 16 years, I (we) have been nothing more than a scapegoat for the state, and convenient excuse that they can point to whenever they need to raise the specter of fear among the public or justify the expenditure of inordinate amounts of money for more locks and chains.

"And not only that, but the main reason behind the double penalty that we have been undergoing is so that we can serve as an example of what happens to those who challenge the power and authority of the state. And like good little pawns, we’re supposed to sit here and wait until they take us to their death chamber, strap us down to a gurney, and pump poison through our veins.
Fuck that! I refuse to go out like that: used as a tool by the state to put fear into the hearts of others while legitimizing a system that is bogus and sold to those with money. That’s not my destiny."(3)

Today, many oppressed nation men in the United $tates find themselves in situations where even possessing books or affiliating with each other is against the law. This isn't just in prisons, but in oppressed nation communities on the outside as our comrade in Texas describes (see page XXX). As another example, within the struggle for justice for Oscar Grant, gang injunctions were used against young Blacks to declare it illegal to affiliate in any way with the Black Riders Liberation Party. Faced with such obstacles, we continue to learn what struggle is, and what is really necessary to obtain the conditions that all humyn beings deserve.

Our comrade imprisoned in Arizona appealed this decision, and MIM(Prisons) wrote to the prison administration to request an explanation as to how this study group assignment could "promote racism and/or religious oppression" without even mentioning races, nationalities, or religions:

"It is truly fascinating that your mailroom staff could find the promotion of racism and/or religious oppression in this document. Nowhere in the letter are the following words even mentioned: religious, religion, christian, muslim, baptist, KKK, white, mexican, latino, asian or arab. The word "black" is written once in the context of a reference to the Black Panther Party's education programs. How can you even talk about religion or race enough to speak against it if you don't use any of the above mentioned words?" - MIM Distributors, Legal Assistant

No attempt has ever been made by Arizona Department of Corrections (ADC) administration to address this point. ADC General Counsel Karyn Klausner offered her opinion: "I have reviewed the materials sent by MIM Distributors and find the decision to exclude the publication due to content 'promoting racism and/or religious oppression,' was appropriate." She gave no explanation of how she came to the conclusion that it was an "appropriate" violation of Constitutionally protected rights. In a later letter Ms. Klausner clarified that with this statement she didn't mean she was "upholding" the censorship in her official capacity as General Counsel of the Office of the Director of ADC, just that she agreed with it on a persynal level.

Instead of explaining how the study group mailing in any way promotes racism and/or religious oppression, ADC administrators then began to rely on their policy of violating MIM Distributors' First Amendment right to free speech and association to censor this study group assignment:

"There is nothing in case law that gives rise to a publisher's right to appeal a decision to exclude its material on an administrative appeal level. . . You are not entitled to a forum within the prison system." - ADC Director, Charles Ryan

Director Ryan clearly had not investigated the matter on the prisoner's end either. He claimed that our imprisoned comrade had not appealed the decision to censor, yet s/he had, on multiple levels, and submitted requests for the results of these appeals.

"You claim that MIM Distributors has no rights to appeal the censorship of their mail. While we are not lawyers, and may have put too much weight on the Procunier case, we still uphold that we have First and Fourteenth Amendment rights according to federal law. As employees of the state you may not deny anyone their rights to free speech and association arbitrarily and without due process. In fact, if you read Thornburgh v. Abbot, 490 U.S. 401, which you referred [COLLEAGUE] to, you will see that its procedural protection was provided because the publisher was notified of the censorship and given the right to independent review. A number of U.S. Court of Appeals decisions have upheld the right of the publisher in such instances (Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), Trudeau v. Wyrick, 713 F.2d 1360, 1366 (8th Cir.1983), Martin v. Kelley, 803 F.2d 236, 243-44 (6th Cir.1986) )." - MIM Distributors, Legal Assistant

And ADC's response?

"You assert that 'MIM Distributors' First Amendment right to free speech' is not being respected. The Arizona Department of Corrections is obligated to respect, within the confines of legitimate penological interests, an inmate's constitutional rights. It does not follow that ADC is likewise obliged to do the same for an independent distributor such as MIM." - General Counsel, Karyn Klausner

It is apparent that the ADC believes themselves to be exempt from the legal straitjacket of the United $tates Constitution, which they don't see as having an application in the 10th Circuit. This isn't surprising coming from an institution whose administrators believe that one can promote racial and/or religious repression without ever talking about race or religion!

Amerikans like to pretend they hold no political prisoners, yet political repression is an integral part of the U.$. injustice system at every step. In our struggle for a world without oppression, MIM(Prisons) works to build public opinion for national liberation struggles amongst prisoners through our newsletter Under Lock & Key, our free books for prisoners program, and our study groups. Within prisons, there are two primary ways in which the state enacts political repression: through physical torture techniques such as solitary confinement, forced drugging, beatings, starvation and murder; and through the control of the spread of ideas, which also includes solitary confinement as well as the censorship of mail, and outlawing oppressed nation organizations.

In pre-fascist Amerika, we are still promised certain rights under United $tates laws. While we recognize that U.$. law will never lead us to communism (a world without oppression), we still need to fight for more room to organize and educate for revolution. Fighting against the censorship of revolutionary literature is vital to maintaining the connection between the inside and out, which may make the difference between being turned on to communism or not for many people. For those already turned on, we need to fight against censorship so that we can continue to build our revolutionary understanding.

Like a MIM Distributors Legal Assistant mentioned above, we are not lawyers. We do what we can to protect our Constitutional rights from the outside with the resources we have, and we rely on prisoners to fight to maintain their rights from the inside. If there is a lawyer who wants to get involved with this specific incident in Arizona, or with anti-censorship work in general, get in touch!

You can browse incidents of censorship here.