Don't Be Silenced - Censor Victory in North Carolina
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.