Tracking Prison Censorship in the United States

Caddo Parish Sheriff's Office
Attn: Caddo Correctional Center Mailroom Manager
505 Travis Street 7th Floor
Shreveport, Louisiana 71101

15 February 2010

Dear Mailroom Manager,

This letter is regarding the censorship of a newsletter titled Under Lock & Key issue 11 (Nov/Dec 2009) from MIM Distributors to XXX at Caddo Correctional Center. The reason given for this censorship is that "Inmate-to-inmate incoming and outgoing mail is unacceptable for this facility." However, we would like to challenge that Under Lock & Key is not inmate-to-inmate correspondence, and appeal this decision.

Prisoners have a First Amendment right to free speech that protects their ability to write for newspapers. Prisoners' First Amendment rights also protect them so that they are allowed to receive newspapers. Within the pages of Under Lock & Key, prisoners have written news articles. This is not the same as personal letters between prisoners, and is protected by the First Amendment.

We request to (1) appeal the decision made by Caddo Correctional Center mailroom staff to mark this newsletter as rejected. We also ask that (2) Under Lock & Key issue 11 (Nov/Dec 2009) be deliverable to XXX.

We appreciate your assistance and look forward to your response.

Sincerely,

MIM Distributors

CC: Affected parties

Sheriff Steve Prator
505 Travis Street Rm 700
Shreveport, LA 71101

7 July 2009

Dear Sheriff Prator,

This letter is in response to a notice sent by your mailroom regarding mail sent to Mr. XXXXXX XXXXXX. The notice claims that Issue 8 of the newsletter Under Lock & Key is inappropriate because ?it had over 5 copied pages, and it displayed a gun.?

The mailroom staff appears to be interpreting the rule that states, ?No more than five (5) copied or original pages (No larger than 8.5? x 14?) from any one o f the following at one time: Books, Puzzle books, Newspapers, Internet, or any other acceptable source.? This rule does not apply to whole books, newspapers or other publications, but rather to pages removed from a publication. Under Lock & Key was mailed as a whole publication in its original form.

The second reason given seems a bit silly in an environment where actual existing guns are displayed on a regular basis. It is unlawful to censor publications for frivolous reasons.

I am requesting that the materials in question be allowed and given to Mr. XXXXXX. If you determine otherwise, you can contact me at the address above.

Caddo Parish Sheriff's Office
Attn: Caddo Correctional Center Mailroom Manager
505 Travis Street 7th Floor
Shreveport, Louisiana 71101

August 9, 2009

Dear Mailroom Manager,

This letter is on behalf of MIM Distributors, San Francisco, CA, who recently received a notification that mail they sent into Caddo Correctional Center was rejected. We appreciate that you notified us of this censorship. The mail in question is their newsletter titled Under Lock & Key issue 9, which was sent to Mr. X. It was rejected because "No material may pose a threat to the safety, security and good order of the facility" and "No material that effects the positive rehabilitation of the inmate population."

As you may already know, there is case law that states that "[t]he decision to censor or withhold delivery of a particular letter must be accompanied by minimum procedural safeguards against arbitrariness or error." Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800. If issue 9 of Under Lock & Key is truly a "threat to the safety, security and good order of the institution" then please send us documentation to support that claim. You can send it to the address listed below.

If, after further review of this matter you decide that your assertions of the danger of Under Lock & Key are unsupported, then we request that you notify us and Mr. X.

Thank you for your cooperation,

MIM(Prisons)