Tracking Prison Censorship in the United States

May 3, 2018

Middle River Regional Jail
Office of the Superintendent
350 Technology Drive
PO Box 2744
Staunton, VA 24402

Re: Appeal of Censorship of Publication
Under Lock & Key January/February 2018 & March/April Issues

Inmate XX


To Whom It May Concern:

We have been advised that the two issues of Under Lock & Key, referenced above, have been censored by your facility. You have failed to provide notice to us as the sender/publisher. Further, the notice you have provided to Mr. XXXXXX is inadequate as a matter of law. Your facility is neither a state correctional facility nor an institution governed by the rules and regulations of the Virginia Department of Corrections, therefore you must make an individualized determination as to each publication based on your policies, pursuant to a clear and convincing standard, as required by the Virginia Administrative Code (the “Code”).

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).

As such, we object to your failure to provide notice to us, the sender/publisher, of the censorship and opportunity to appeal as required by law. Please provide a notice of censorship which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter. We direct your attention to § 630 of the Code.

We further note that the standard you cite, 6VAC15-4D-650, provides the sender “shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure.” Courts in the United States have long held a First Amendment right exists to protect the right of correspondence with prisoners. As previously noted a publisher or distributor must be given a meaningful opportunity to challenge any censorship. The law is clear, you are required to notify the sender/publisher of any censorship, so they may have the opportunity to appeal such censorship. Any failure to act within fifteen (15) days of the receipt of this letter may result in appropriate legal action being taken against the Middle River Regional Jail.

Please govern yourself accordingly.


Sincerely,




MIM Distributors

May 3, 2018

Middle River Regional Jail
Office of the Superintendent
350 Technology Drive
PO Box 2744
Staunton, VA 24402

Re: Appeal of Censorship of Publication
Under Lock & Key January/February 2018 & March/April Issues



To Whom It May Concern:

We have been advised that the two issues of Under Lock & Key, referenced above, have been censored by your facility. You have failed to provide notice to us as the sender/publisher. Further, the notice you have provided to Mr. XXXXXX is inadequate as a matter of law. Your facility is neither a state correctional facility nor an institution governed by the rules and regulations of the Virginia Department of Corrections, therefore you must make an individualized determination as to each publication based on your policies, pursuant to a clear and convincing standard, as required by the Virginia Administrative Code (the “Code”).

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).

As such, we object to your failure to provide notice to us, the sender/publisher, of the censorship and opportunity to appeal as required by law. Please provide a notice of censorship which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter. We direct your attention to § 630 of the Code.

We further note that the standard you cite, 6VAC15-4D-650, provides the sender “shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure.” Courts in the United States have long held a First Amendment right exists to protect the right of correspondence with prisoners. As previously noted a publisher or distributor must be given a meaningful opportunity to challenge any censorship. The law is clear, you are required to notify the sender/publisher of any censorship, so they may have the opportunity to appeal such censorship. Any failure to act within fifteen (15) days of the receipt of this letter may result in appropriate legal action being taken against the Middle River Regional Jail.

Please govern yourself accordingly.


Sincerely,




MIM Distributors