MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
This publication has been impounded or rejected on 8/9/23, title: Under Lock & Key from MIM Distributors PO Box 40799, San Francisco, CA 94140. I am appealing this impoundment. I've been receiving this newspaper for over a year and have never had a problem. I should be allowed to receive a newspaper.
09/21/2023
MIM Distributors appealed
Show Text
September 21, 2023
Department of Corrections
ATTN: Library Services Administrator
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Notice of Rejection or Impoundment of Publications
To Whom It May Concern:
We are in receipt of your Notice of Rejection for the publication of Under Lock & Key Issue 82
(hereafter “ULK”) sent to Mr. XXXXXX, dated August 9, 2023.
Firstly, we would like to acknowledge the fact that we did not receive notice of censorship from your institution but from Mr. XXXXXX himself. This is patently unacceptable as it violates the long-standing legal precedent of Procunier v. Martinez, 416 U.S. 396 (1974) wherein the courts found that that “the author of [censored mail] be given a reasonable opportunity to protest that decision.” This finding has been upheld for nearly five decades, including in Montcalm Pub. Corp. v. Beck, 80 F.3d 105 (4th Cir. 1996) where the courts held that “publishers are entitled to notice and an opportunity to be heard when their publications are disapproved for receipt by inmate subscribers.”
The listed reason for censorship is that ULK allegedly satisfies the criteria justifying its impoundment
under sections (15)(j), (15)(o), and (15)(p) of Rule 33-501.401. These sections condone the prohibition of material for either including “signs, symbols, or other identifies of a security threat group”, advertising a set of prohibited services, or presenting a threat to the security of the prison.
As the publishers of ULK, we know that no material fitting any of these descriptions can be found anywhere in our publication. Furthermore, please refer to Crofton v. Roe, 170 F.3d 957 (9th Cir. 1999) where the courts found that when censoring publications on the basis of security concerns in prisons, it is unacceptable that authorities do not, “attempt to explain in what way publications, by any particular characteristics of their own, threaten security or contribute to other problems the state asserts the regulations are designed to avoid.”
We request the decision to withhold issue 82 of Under Lock & Key be vacated and the publication be
forwarded to Mr. XXXXXX. Failure to provide appropriate notice and adherence to your policies may
result in legal action.
Form Filed: Notice of impoundment - Depicts or encourages activities which may lead to physical violence or group disruption; is dangerously inflammatory. p1 article, Sept 9 day of peace and solidarity, p2 - definition, what is ULK/MIM(prisons)
Department of Corrections
ATTN: Library Service Administrator
501 S Calhoun St
Tallahassee, FL 32399-2500
April 27, 2015
RE: Impounding of Under Lock & Key No. 42 and ULK43 at Graceville C.F.,
Dear Ms. Morrison,
This letter is in response to notifications received by Mr. XXX and Mr. YYY at Graceville CF regarding the impounding of Under Lock & Key No. 42 and 43 (Mr. YYY was only notified of the ULK43 censorship. The purpose of this letter is to appeal this decisions and have the newsletters delivered to these men.
The Supreme Court decision governing the First Amendment in prisons in the United States (Thornburgh, 490 U.S. at 416 n.14) is clear that regulations barring writings that "express 'inflammatory political, racial, religious or other views'" were not sufficiently "neutral" or "unrelated to the suppression of expression" to be legally allowable.
The ULK42 notice claims the publication "is dangerously inflammatory" and "otherwise presents a threat to the security…" and cites page 2 with "definitions of why they are and what they stand for". This is a clear violation of the Thornburgh ruling as statements of political views alone can not be used to deny literature to prisoners. It also cites page 4 with an article about an incident in Oregon where a prisoner was killed by a CO. Again, news about what's going on in prisons is not sufficient reason to censor this publication. The employee who reviewed this publication (whose signature is illegible) may not agree with the content of the newsletter, but that does not justify censorship.
The ULK 43 notice claims the publication violates the same Section (3) rules as ULK42 but cites only page 2 as a reason "who Maoist Internationalist Ministry of Prisons are, what they stand for and how to join the organization." As explained above, disagreeing with the goals and theory of an organization is not sufficient reason to censor a publication according to Supreme Court precedent.
Further, on the denial forms that the prisoners received both claim that the sender was notified. For ULK it claims "date mailed to sender: 3-6-15" and for ULK43 it claims "date mailed to sender: 4-8-14" but we were never sent notification of censorship of either of these publications. The forms were only delivered to Mr XXX & Mr. YYY. As you know from previous correspondence, we have an ongoing problem with Florida prisons failing to notify us of denial of our publications. I am once again requesting that the FDOC follow its own policies and respect the publisher's rights to Due Process under the Fourteenth Amendment (see Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
I am requesting that you allow the prisoners at Graceville CI to receive issues 42 and 43 of Under Lock & Key.
Department of Corrections
ATTN: Library Service Administrator
501 S Calhoun St
Tallahassee, FL 32399-2500
April 27, 2015
RE: Impounding of Under Lock & Key No. 42 and ULK43 at Graceville C.F.,
Dear Ms. Morrison,
This letter is in response to notifications received by Mr. XXX and Mr. YYY at Graceville CF regarding the impounding of Under Lock & Key No. 42 and 43 (Mr. YYY was only notified of the ULK43 censorship. The purpose of this letter is to appeal this decisions and have the newsletters delivered to these men.
The Supreme Court decision governing the First Amendment in prisons in the United States (Thornburgh, 490 U.S. at 416 n.14) is clear that regulations barring writings that "express 'inflammatory political, racial, religious or other views'" were not sufficiently "neutral" or "unrelated to the suppression of expression" to be legally allowable.
The ULK42 notice claims the publication "is dangerously inflammatory" and "otherwise presents a threat to the security…" and cites page 2 with "definitions of why they are and what they stand for". This is a clear violation of the Thornburgh ruling as statements of political views alone can not be used to deny literature to prisoners. It also cites page 4 with an article about an incident in Oregon where a prisoner was killed by a CO. Again, news about what's going on in prisons is not sufficient reason to censor this publication. The employee who reviewed this publication (whose signature is illegible) may not agree with the content of the newsletter, but that does not justify censorship.
The ULK 43 notice claims the publication violates the same Section (3) rules as ULK42 but cites only page 2 as a reason "who Maoist Internationalist Ministry of Prisons are, what they stand for and how to join the organization." As explained above, disagreeing with the goals and theory of an organization is not sufficient reason to censor a publication according to Supreme Court precedent.
Further, on the denial forms that the prisoners received both claim that the sender was notified. For ULK it claims "date mailed to sender: 3-6-15" and for ULK43 it claims "date mailed to sender: 4-8-14" but we were never sent notification of censorship of either of these publications. The forms were only delivered to Mr XXX & Mr. YYY. As you know from previous correspondence, we have an ongoing problem with Florida prisons failing to notify us of denial of our publications. I am once again requesting that the FDOC follow its own policies and respect the publisher's rights to Due Process under the Fourteenth Amendment (see Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
I am requesting that you allow the prisoners at Graceville CI to receive issues 42 and 43 of Under Lock & Key.
Department of Corrections
ATTN: Library Service Administrator
501 S Calhoun St
Tallahassee, FL 32399-2500
April 27, 2015
RE: Impounding of Under Lock & Key No. 42 and ULK43 at Graceville C.F.,
Dear Ms. Morrison,
This letter is in response to notifications received by Mr. XXX and Mr. YYY at Graceville CF regarding the impounding of Under Lock & Key No. 42 and 43 (Mr. YYY was only notified of the ULK43 censorship. The purpose of this letter is to appeal this decisions and have the newsletters delivered to these men.
The Supreme Court decision governing the First Amendment in prisons in the United States (Thornburgh, 490 U.S. at 416 n.14) is clear that regulations barring writings that "express 'inflammatory political, racial, religious or other views'" were not sufficiently "neutral" or "unrelated to the suppression of expression" to be legally allowable.
The ULK42 notice claims the publication "is dangerously inflammatory" and "otherwise presents a threat to the security…" and cites page 2 with "definitions of why they are and what they stand for". This is a clear violation of the Thornburgh ruling as statements of political views alone can not be used to deny literature to prisoners. It also cites page 4 with an article about an incident in Oregon where a prisoner was killed by a CO. Again, news about what's going on in prisons is not sufficient reason to censor this publication. The employee who reviewed this publication (whose signature is illegible) may not agree with the content of the newsletter, but that does not justify censorship.
The ULK 43 notice claims the publication violates the same Section (3) rules as ULK42 but cites only page 2 as a reason "who Maoist Internationalist Ministry of Prisons are, what they stand for and how to join the organization." As explained above, disagreeing with the goals and theory of an organization is not sufficient reason to censor a publication according to Supreme Court precedent.
Further, on the denial forms that the prisoners received both claim that the sender was notified. For ULK it claims "date mailed to sender: 3-6-15" and for ULK43 it claims "date mailed to sender: 4-8-14" but we were never sent notification of censorship of either of these publications. The forms were only delivered to Mr XXX & Mr. YYY. As you know from previous correspondence, we have an ongoing problem with Florida prisons failing to notify us of denial of our publications. I am once again requesting that the FDOC follow its own policies and respect the publisher's rights to Due Process under the Fourteenth Amendment (see Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)).
I am requesting that you allow the prisoners at Graceville CI to receive issues 42 and 43 of Under Lock & Key.
Sincerely,
05/14/2015
Literature review cmte upholds censorship (see ULK43 for copy of letter)
Otherwise presents a threat to the security, order, or rehabilitative objectives of the Correctional System, or to the safety of any person.[Download Documentation]