Texas Censorship Rule (BP-3.91) Being Revised

On 1 August 2021, supporters on the outside began a phone zap to the Texas Department of Criminal Justice to protest a new policy that restricted many forms of imagery in the media prisoners received through the mail (Board Policy - 3.91). MIM(Prisons) also began distributing fliers to Texas prisoners, who were writing us from all over the state about this new policy. By 23 August 2021 we received the following update from a comrade in Texas TEAM ONE, a leading organization in this campaign:

“We’re hearing that BP-3.91 has been halted. Supposedly they’re to revise it again to make it more sensical, but it’s not in effect as of this date. However, mail room staff here have been holdin on to all materials, which fall under that policy. They are giving no record of receiving the mail, just holdin it until the policy is amended. So that’s an issue.”

In other facilities they seem to not be acting on the new policy at all.

a comrade in Telford Unit reported: …the policy never took place. The complete ban of publications is outright unconstitutional. I have written several grievances concerning publications. TDCJ-CID will never ban harmless publications (U.S. Weekly, Muscle Fitness, OK, National Geo, etc.). They have no right to and it will only cause problems for the TDCJ-CID. Being that the policy did not take effect 1 August 2021 I ask prisoners to give it no attention. Instead be happy about the victory of being able to receive post cards and not arbitrarily have your peers/loved ones self addressed stamps ripped off your letters that way you may know who is corresponding with you.

a comrade at Michael Unit wrote on 4 October 2021: I need a quick reply to Texas’s BP 3.91(Rev 5) step 2 grievance. My step 1 said:

“An investigation into your allegations has been conducted. It was found that Board Policy 03.91 revised the definition of”sexually explicit” photos. The revision was approved by the Texas Board of Criminal Justice. Inmates are given the opportunity to appeal the denial of all sexually explicit images denied through the Director’s Review Committee. No further action warranted.”

MIM(Prisons): It is not clear to us if a new policy has been approved as implied by this response from a TDCJ official. What is clear at this time is that the masses mobilized quickly around this issue and the state is responding to that mobilization. Below are reports from some others organizing on this campaign, closing with excerpts from a longer statement by a new comrade explaining the hypocrisy of the new policy and encouraging everyone to stand up for what is right.

a comrade in Stevenson Unit: In regards to the new censorship policy, comrades I shared the sample grievance from Under Lock & Key 74 and directed others to file a grievance with DRC @ PO Box 99 Huntsville, TX 77342-0099. One comrade was given his car mags back after being confiscated by the mailroom. This was after filing the sample grievance you provided me! :)

a Texas comrade: We have already grieved BP-3.91 and we stand with those in Allred sacrificing to end solitary confinement even though there is no solitary here on this medium security unit.

a comrade in Jester Unit: I wanted to let you know everyone is grateful about the “Grievance Against Criminal Board” on the (pictures, magazines, and kill-shots) filed by your organization. I will send you my grievance next week, but not before I get some more signatures and people involved. Please find postage within this letter in support.

a comrade at Hughes Unit reported on 28 September 2021: I have 62 grievances filed on the 3.91 BP that is. I’m working on more. And I’m aware that I’m getting help from some female staff as well and they are putting together a form of unity to get rid of this bullshit B.P.-3.91 for their safety is a risk. They shaking us down as I speak for magazines. Women can’t show cleavage or nothing. And it’s sad.

a comrade in Hutchins Unit: Impede the correction, rehabilitation, and treatment of a prisoner, how? Relating to incoming pictures of “sexually explicit women” this is only understandable if enforced upon a sex offender therapy program… As a general population prisoner, rehabilitation and treatment is almost non-existent. TDCJ can only claim correction if it considers this is obtained through prolonged idleness. Prisoners are housed in their dorm where in most cases they only leave for meals and sometimes rec. There is little to no programming or opportunity to rehabilitate through education or vocation but TDCJ is worried about the content of our publications. Sounds like deliberate indifference to their priorities.

Therefore, impeding correction, rehabilitation, and treatment is only terminology intended for manipulation by and for officials convenience.

Sexually explicit pictures only result in masturbation, which is a healthy alternative to sexual fulfillment and expression. Some men spend decades up to life in prison and to deprive them of such fulfillment could consequently result in homosexual tendencies and/or the rape and/or sexual harassment of prisoners and officers. Such dehumanizing intentions will result in the safety of prisoners and officers being jeopardized.

[MIM(Prisons): A number of writers mention female staff being concerned about the new policy. Of course, we object to this writer’s inclusion of homosexuality as a “dehumanizing” outcome of this policy. Rape is bad, sexual harassment is bad, they are oppressive. Even if homosexual rape and harassment is more the norm in prisons than in society, we should not confuse that with homosexual behaviors themselves being bad.]

This is not a unique problem. Prison officials are quick to slap on the windows newly enacted and revised policies that are overly restrictive, knowing the average prisoner is illiterate, uneducated, and at the least inexperienced in lawfully challenging/litigating.

We are not in the barbaric ages and as a maturing society we develop and become more morally and ethically inclined, including the treatment of prisoners; who we understand engaged in wrongful acts to a greater degree than that of the average person but is nonetheless human and capable of change.

This means as prisoners’ rights come to light and advancement, We are to a lesser degree inhibited by biased civil court systems who in the past ruled all officials actions to be reasonable and acceptable in the name of justice, punishment, and deterrence.

Therefore do not be deterred when intending to challenge the conditions of your confinement thinking that it will be in vain. There is more hope than there ever has been in the past. Instead be optimistic, adopting the perspective that there is nothing to lose and everything to gain.

Presumably all major prison reformers that paved the way had doubts about a favorable outcome, however, their action in spite of that doubt has resulted in all fundamental change. The conditions we live in reflect such, while they’re not what they need to be they’re not what they use to be.

Stand with me in progression towards the common goal of more humane conditions and treatment. Do not refrain or procrastinate from submitting a complaint and possibly litigating for change; Just as officials do not refrain from arresting, sentencing, imprisoning, and punishing us in all aspects every day. We are held accountable so why should we allow them to manipulate policy and official position to their convenience?

Despite the feeling of helplessness officials intend to instill in us, we are far from that. Statements such as, but not limited to, “these people don’t care what we got to say”, “the system’s too big to fight”, “It’s only possible if you got money”, “This is just part of the game” etc are all excuses adopted by submissive prisoners who are too cowardly to fight. You would fight your fellow prisoner for less degrading treatment, right? I would hope.

Do you dare to challenge our oppressors? Do you dare to organize for progression with your fellow prisoners just as they do against us?

If so, please keep in mind that weapons of distraction are strategically implemented to keep us from achieving such a goal. If we are lost in our own world we won’t have time to envision and investigate their world, their motives, their actions, and how they negatively affect us.

We are distracted from spending time productively. Time is our most valuable asset as it is limited and required to organize and plan action.

Stop preoccupation; stop smoking, stop watching TV, stop gambling, stop gluttony, stop fighting your equals instead of the oppressor, stop idleness, stop procrastination, stop being submissive, stop feeling defeated, and most importantly, STOP investing time into unproductive endeavors and commit to progression and the achievement of an overall goal.

The poor and oppressed make up the majority of the world. We are only separated by knowledge that is accumulated through resources. If we can obtain the proper knowledge and organize with an intended goal we will overpower our oppressors.

…Break the ice and take action. Take it from a 22-year-old 8th grade dropout with seven plus years in the system. I only obtained knowledge through educational literature. I am self-educated and overcame the hindering circumstance of lack of resources and organized learning opportunities. I am only two years into a progressive perspective and actions and exceeded my expectations. Two years ago, education and progression were no where on my agenda. If I can achieve such, so can you. All there is to ask yourself if it appeals to you and if so make it a priority.