NCDPS Sued for Censorship of ULK

A former prisoner of the state of North Carolina has filed suit against the North Carolina Department of Public Safety (NCDPS) for regularly censoring eir subscription to Under Lock & Key (ULK) without due cause. In December 2015, U.S. Marshals were ordered by the U.S. District Court to serve Cynthia Bostic and Fay Lassiter with the complaints. Lassiter was the Chair of the Publication Review Committee, who would send MIM Distributors a “letter to publisher” every two months stating that the latest issue of ULK was disapproved for delivery. Usually the reason given was “D Code” or “encourages insurrection and disorder.”

Cynthia Bostic was the Assistant Section Chief of Support Services, who was in charge of reviewing these decisions. Every two months a volunteer legal assistant would write Bostic to appeal the censorship and she would respond upholding the decision. This went on for 3 years straight with every issue being censored, every appeal being denied, and no specific justifications being given for the censorship.

In an attempt to investigate the so-called “review process” our volunteer filed a public information request with the state and began shopping the case to some civil rights lawyers in North Carolina. It was around this time that our appeal was granted for ULK Issue 36. Yet, none of the copies sent to prisoners in North Carolina were subsequently delivered. Presumably the state just threw our mail away. So we went ahead and sent new copies of ULK 36 with copies of the letter from Bostic saying that this issue was approved. These too were censored! As most prisoners know, but some readers on the street may not, it can be a real battle just to get these people to follow their own rules and decisions. Like the comrade filing the suit stated in a recent interview, “there are no rights, only power struggles.”

We want to commend this comrade for taking up this battle after eir release from prison. This is a shining example of carrying on the struggle for those ey left behind. And it shows leadership and self-reliance to come out and wage what will likely be an uphill battle against the state for basic rights. At the same time, the battle will be so much easier from the outside where one does not have to worry about constant harassment, mail being thrown out and being denied access to law books (North Carolina does not have law libraries in its prisons). The local report on eir lawsuit states that ey will be doing a fundraising campaign, and we encourage people to support em.

This battle is ongoing, as North Carolina continues to ban almost every issue of ULK statewide, despite the fact that Lassiter and Bostic are no longer involved in these decisions. Perhaps not surprising for a state that was recently told by a Federal court that its voting laws were illegal for disenfranchising New Afrikans. A lawsuit like this is needed to take the censorship struggle in NC to the next level. Bourgeois democracy will never guarantee the rights of the oppressed. But we can use lawsuits tactically to win battles when we are clearly in the right according to their own rules and principles.