Tracking Prison Censorship in the United States

Menard Correctional Center
Attn: Publication Review Officer
711 Kaskaskia Street
PO Box 711
Menard, IL 62259

21 February 2010

Dear Publication Review Officer,

This letter is to request a review of the denial of a publication titled Under Lock & Key issue 11 (Nov/Dec 2009), published and distributed by MIM Distributors, San Francisco, CA. This publication was denied to AAA, BBB, CCC, DDD, and EEE at Menard Correctional Center. The decision to censor this publication was made by L. Shemonic on 15 December 2009.

The reasons this publication was denied are listed as "depict, describe, or encourage activities that may lead to the use of physical violence or group disruption or it facilitates organizational activity without approval of the Chief Administrative Officer"; "be otherwise detrimental to security, good order, rehabilitation, or discipline or it might facilitate criminal activity or be detrimental to mental health"; and "denied per intel for STG content."

This censorship of Under Lock & Key has been going on for many months, and every time someone from our legal team writes in to dispute it, the decision is overturned on further investigation. We see this as an issue of inadequate training of the mailroom staff at Menard Correctional Center, and we believe it is in everyone's best interest if they were retrained to accurately determine whether Under Lock & Key violates Menard policies. To date, the censorship of Under Lock & Key has not stood up to the Publication Review Committee.

Within the pages of every issue of Under Lock & Key is a box titled "What is MIM(Prisons)?" In issue 11, it is on page 7. This box contains the main principles of the organization that puts Under Lock & Key together, MIM(Prisons) and in it says "Our current battles in the United States are legal ones. We encourage prisoners to join these battles while explicitly discouraging them from engaging in any violence or illegal acts." If one took a closer look at the articles within the pages of Under Lock & Key, one could tell that this theme runs throughout the whole newsletter. We disagree that a newsletter when an explicit position against violence and criminal activity could be in violation of the previously mentioned reasons issue 11 was censored.

This censorship is similar to the Menard mailroom's censorship of Under Lock & Key issue 8 (May 2009) and issue 9 (July 2009). They were both censored because they "threatened the good order of the institution," but this decision was overturned by the Publication Review Officer on both accounts. So, we already know that ULK, on the whole, is not a threat to the good order of the institution, and that there is not sufficient evidence to prove such.

In our last letter to Menard Publication Review Committee on 31 August 2009 regarding the censorship of Under Lock & Key issue 9, we argued that there is not a legitimate newspaper in the world that does not print articles that "depict violence" or involve groups that your institution probably labels "security threat groups." We went on to argue that mentioning a group's name, or referring to them indirectly, especially in the context of asking for peace and unity, which is quite the opposite of violence, does not "depict, describe, or encourage activities that may lead to the use of physical violence or group disruption," as this denial claims. According to Walker v. Sumner (9th Cir. 1990) 917 F.2d 382, 385 "prison authorities cannot rely on general or conclusory assertions to support their policies." What proof do you have that "STG references" in any way threaten the institution? Especially because we are asking for peace, and an end to STG violence.

In conclusion, we request (1) an appeal of this decision made by L. Shemonic by the Publication Review Committee. We also request (2) that the mailroom staff at Menard Correctional Center be retrained to accurately and objectively determine the appropriate status of any publication being mailed to someone held at Menard, especially as it relates to potentially controversial literature such as Under Lock & Key. We request that (3) AAA, BBB, CCC, DDD, and EEE be allowed to receive their copies of Under Lock & Key issue 11 that are being held by mailroom staff, and that (4) any prisoners held at Menard who choose to communicate with MIM Distributors and MIM(Prisons) be able to do so without illegal denials and excessive delays in mail delivery.

We appreciate you investigating further into this error and look forward to your response.

Sincerely,

MIM Distributors

CC: Donald Gaetz, Warden
Affected parties