MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
notification of publication seizure/censorship (postmarked 3/5/2018) Download Documentation
01/16/2018
MIM(Prisons) protests failure to delivery multiple publications in KS
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January 16, 2018
Kansas Department of Corrections
Office of the Secretary
714 SW Jackson, Suite 300
Topeka, KS 66603
Re: Failure to Deliver Publications
To Whom It May Concern:
We are in receipt of information that the Hutchinson Correctional Facility is failing to deliver to the addressee or provide notice of censorship of at least eight (8) publications mailed from October 2017 through December 2017. As the distributor of these publications, we have also not received notice of censorship.
Failure to deliver the properly posted and addressed publications or provide requisite notice of censorship violates Kansas Administrative Regulations, federal Postal laws and our Constitutional rights. This letter serves as our notice of the Kansas Department of Corrections as to direct and ongoing violations regarding these failures to deliver or provide notice of censorship for publications mailed to the facility.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Until such time as the Kansas Department of Corrections provides the constitutionally mandated information to provide adequate notice of the specific reasons for censorship or delivers the publications to the addressees, a violation of our constitutional rights under the First Amendment will continue.
Withheld 6.9 ounces of printed material, content focuses on organizing communist revolution/Asst. stapled topics promote unrest. Note: A book and 3 other publications sent to the pro/for review and her decision. IMPP 12-134. All items received, in the same envelop.
02/18/2018
MIM(Prisons) responds to administration request for more information
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February 18, 2018
Kansas Department of Corrections
Mr. Doug Burris
Correctional Manager
Office of the Secretary
714 SW Jackson, Suite 300
Topeka, KS 66603
Re: Failure to Deliver Publications
Mr. Burris:
Thank you for your recent reply to our concerns about censorship at the Hutchinson Correctional Facility without notice being provided to us as the publisher and distributor of the publications.
The publications in questions were addressed to XXX
The following is a list of publications with mailing dates sent to Mr. X.
12/12/2017 Organization Means Commitment essay
12/12/2017 Organizational Structure study pack
12/12/2017 The New Indians
12/12/2017 Liberation or Gangsterism: Freedom or Slavery Pt. I & II
12/12/2017 Let's "Gang-Up" On Oppression: Youth Organizations and the
Struggle for Power in Oppressed Communities
12/12/2017 Who Is Lumpen in the United $tates? pamphlet
12/11/2017 Under Lock & Key 59 (Nov 2017)
10/09/2017 Under Lock & Key 58 (Sept 2017)
Please provide information as to the status of each of these publications. If any of these publications have been subject to censorship, please provide adequate notice so that we may formulate an appeal.
MIM(Prisons) responds to notice of censorship
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To Whom It May Concern:
We are in receipt of a Censorship Notice (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that the publication was rejected because “the content of this newsletter poses a threat to the safety and security of correctional facilities. Articles about drug trade throughout.” However, there is no reference to page numbers of the alleged objectionable content or the specific content which is objectionable. It is unclear what content is alleged to be objectionable.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Further, the notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
We require the decision to censor the issue referenced above be vacated and delivered to the prisoners to which it was addressed.
Please govern yourself accordingly.
04/12/2018
Secretary of Corrections Dessignee rules against MIM(Prisons) appeal Download Documentation
04/17/2018
MIM(Prisons) responds to March 19 risk management letter
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MIM Distributors
PO Box 40799
San Francisco, CA 94140
April 16, 2018
Kansas Department of Corrections
Office of the Secretary
714 SW Jackson, Suite 300
Topeka, KS 66603
Re: Appeal of Censorship of Publication
Under Lock & Key September/October 2017 Issue 59
Under Lock & Key November/December 2017 Issue 59
Who is Lumpen?
Loose Printed Material – Study Packet
To Whom It May Concern:
We are in receipt of a Censorship Notice (notice) for the above referenced issues of Under Lock & Key (ULK. The notice states that ULK 59 was rejected because “the content of this newsletter poses a threat to the safety and security of correctional facilities. Articles about drug trade throughout.” However, there is no reference to page numbers of the alleged objectionable content or the specific content which is objectionable. It is unclear what content is alleged to be objectionable. There are no references to specific content for any of the remaining publications and loose material which was censored.
Failure to deliver the properly posted and addressed publications or provide requisite notice of censorship violates Kansas Admisntrative Regulations, federal Postal laws and our Constitutional rights. This letter serves as our notice of the Kansas Department of Corrections as to direct and ongoing violations regarding these failures to deliver or provide notice of censorship for publications mailed to the facility.
Due process requires adequate notice of the reasons for censorship. Instructive is the District Court’s reasoning set forth in Prison Legal News v. Jones, “Procunier demands that the publisher "be given a reasonable opportunity to protest" the censorship. Id. at 418. For an opportunity to be reasonable, the publisher must know of the grounds upon which the publication has been censored. See Henry J. Friendly, "Some Kind of Hearing", 123 U. Pa. L. Rev. 1267, 1280 (1975) (explaining that it is "fundamental" to due process that "notice be given . . . that . . . clearly inform[s] the individual of the proposed action and the grounds for it"). This knowledge component of due process does not turn on whether the publication is the first copy or a subsequent copy. What matters is the basis for censorship. If a subsequent impoundment decision is based on a different reason not previously shared with [the publisher or distributor], due process requires that [the publisher or distributor] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015).
Until such time as the Kansas Department of Corrections provides the constitutionally mandated information to provide adequate notice of the specific reasons for censorship and references the exact content which is objectionable or delivers the publications to the addressees, a violation of our constitutional rights under the First Amendment will continue.
