Tracking Prison Censorship in the United States

Re: Appeal of adverse ruling and decision made and entered by Estelle Unit mailroom supervisor to deny the publication Under Lock and Key, July/August 2017 no. 57.

Dear Chairperson and the members of director's review committee:

I write to you all in your individual and collective capacities as members of the Fl Director's Review Committee (DRC) as an exercise of my protected right to peacefully seek remedy, redress, relief, and remonstrance for complaint and grievances of and above to government's normally, Estelle Unit mail room supervisor's adverse decision and ruling to deny my publication named Under Lock an Key, July/August 2017, No. 57. Pursuant to TDCJ Board Policy 03.91(c). For the September 8, 2017 notice affords and willings this appeal. Within 2 weeks of being served and notified of the denial of the publication that arrived at this Ellis Unit on Sept 6 2017.

Accordingly, the appealing offender appeals the adverse ruling and decision of the Estelle Unit mail room supervisor who exercised and executed her capacity of employment and its authority in accordance and present to TDCJ Board Policy 03.91(c) which reads in relevant and pertinent part as set forth and stated:

"(c) it contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disception such as strikes, riots or security threat group activity…"

Which the appealing offender has not been allowed to inspect the offending information as found on page 11 of this publication namely: Under Lock and Key, July/August 2017, No. 57 does contend and complain the ruling and decision made by Estelle Unit mail room supervisor is an abuse of discretion, arbitrary, and capricious in nature and manner where the subject matter is not in violation of United States constitution and the state of Texas Constitution which afford, enforce and protect the rights of freedom of speech, freedom of expression and freedom of the press for the editorial and publishing staff of its publication, namely Under Lock and Key, July/August 2017, no.57 and those of the appealing offender as herein after expressly and implicitly set forth and identified as being contrary and violative of rulings and opinions made and entered by United States Supreme Court and the Texas Supreme Court.

My reasons and basis for this appeal is set forth and complained as follows:

My first reason for appeal is that the Estelle Unit mailroom supervisor has engaged in an unauthorized, unlawful, and unconstitutional exercise and execution of her capacity of employment and its with [??] when she intentionally, knowingly, and willfully violated its express and implied mandate of TDCJ PD-22 discussion when the denial of the publication, namely Under Lock and Key, July/August 2017, No. 57 for subject mater and content set forth on page 11 and which her refusal and failure to keep abreast and knowledgeable of rulings and opinion by the United States Supreme Court, namely: Reagan v. Time, Inc., 468 U.S. 641 (1984); Hustler Magazone, Inc. v. Falwell, 495 U.S. 45 (19)
; U.S. v. Eichman, 496 U.S. 310 (1990); Police Departmet of Chicago v. Mesley, 408 U.S. 92 (1972); Jones v. North Carolina Pirsoners Labor Union, 433 U.S. 199(1922); Pell v. Procunier, 417 U.S. 817 (1974); Turner v. Safely, 482 U.S. 78 (1987); Pickering v. Board of Education, 391 U.S. 563 (1968) and other consistent and conforming lower court decisions mandating prohibition on subject matter content of a vague nature which could be vigorously protected and supported by United State Constitution and the State of Texas constitution and their conforming laws which Estelle Unit mailroom supervisor has overtly and blatantly violating in denying the publication.

My second reason for appeal is that the arbitrary and capricious denial and refusal of publication raises serious question of the overt and blatant refusal to adhere and comply with written and posted TDCJ-PD 22 of being informed of a substantial nature and quality in order to perform job duties, responsibilities and obligations was critically locking when express and implied intent of United States Supreme Court was not and has not been maintained by Estelle Unit mail room supervisor and her subordinate staff allowing for the arbitrary denial.

Because both reason for appeal one and two content and complain the oppress and implied rulings of the United States Supreme Court would clearly and undoubtedly allow for reversal of the ruling and decision made by Estelle Unit mail room supervisor where she refused and failed to keep abreast with needed information required to perform her duties, responsibilities, and obligation of employment and its authority that was and has been applied to me in an abuse of authority and capricious denial of my publication.

I will close and request a reversal of the Estelle Unit mail room supervisor; ruling and decision where information on page 11 does not warrant denial.