MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Contains articles and information on drugs in prisons and the cost comparison of inside and outside of prison as well as movement of drugsThis was overturned
Washington Department of Corrections
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 59
File No. SAL-1217-126
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to Mr. X. The notice states that ”8. Contains articles and information on drugs in prisons and the cost comparison of inside and outside of prison as well as movement of drugs.” There, however, is no reference to page numbers of the alleged objectionable content. It is unclear what content is alleged to be objectionable.
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).
Further, the notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
We require the decision to censor issue 59 be vacated and delivered to Mr. X.
Please govern yourself accordingly.
Sincerely,
MIM Distributors
03/01/2018
Corrections Specialist notifies us that publication review committee overturned censorship Download Documentation
contains articles and information on drugs in prisons and teh cost comparison of inside and outside of prison as well as movement of drugsThis was overturned
Washington Department of Corrections
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 59
File No. SAL-1217-127
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to Mr. X. The notice states that ”8. Contains articles and information on drugs in prisons and the cost comparison of inside and
outside of prison as well as movement of drugs.” There, however, is no reference to page numbers of the alleged objectionable content. It is unclear what content is alleged to be objectionable.
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).
Further, the notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
We require the decision to censor issue 59 be vacated and delivered to Mr. X.
Please govern yourself accordingly.
Sincerely,
MIM Distributors
01/31/2018
WA DOC responds to censorship appeal
Show Text
To whom it may concern:
I'm in receipt of your two correspondences appealing the rejection of the above two notices for inmates XXX and YYY dated January 21, 2018.
Per Washington State DOC policy 450.100 all publications rejected by any DOC correctional facility will be reviewed by the Publication Review Committee at DOC Headquarters. Mail Rejection Notice number 18346 was reviewed on January 8, 2018 and was overturned by the committee. The publicaiton issue has since been forwarded to each offender. A copy of the final decision notice should be forthcoming to you from Stafford Creek Correctional Center (SCCC).
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
Newsletter is being rejected as it talks about September 9 events including offenders commencing a hunger strike until equal treatment, retaliation and legal rights issues are resolvedThis was overturned
contains security threat group information and threat to penological object on overthrowing the government on page 3, 11, and 13. A lot of articles that other offenders from other facilities.
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
File No. JAO-0817-154
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to XXX. The notice states that page 31113 contains reference to advocacy of violence or overthrow of authority and gang symbols or other unauthorized group symbols which may be reasonably thought to precipitate violence. We will operate under the assumption that this references pages 3, 11, and 13. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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).
A review of the referenced pages of Issue 57 (3, 11, 13) show that no such language or representations are contained on any of those pages which advocate for an overthrow of authority or contain any gang or unauthorized group symbols that would lead a reasonable person to believe they incite violence. As none of the referenced pages include any objectionable material, the notice is vague as to the objectionable content. Page 3 is general knowledge and contains no images or objectionable content.
Page 11 contains images from a news website and promotes a call for peace, no content is objectionable. Page 13 contains commentary and a single image of a hand with the index and middle finger held up in a “V” symbol. This “V” symbol is commonly known as a symbol of victory, and contains a specific reference “I contribute to P.E.A.C.E.” a clear reference to peaceful activity, not violence, none of the material on this page is objectionable. The “V” symbol is not a symbol of any gang or unauthorized group; it was displayed proximately by former U.S. President Richard M. Nixon, a law and order stalwart.
As none of the listed pages reference any objectionable content the notice is vague. Further, the notice to vague page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
We require the decision to censor issue 57 be vacated and delivered to XXX.
Please govern yourself accordingly.
Sincerely,
MIM Distributors
11/11/2017
MIM(Prisons) protests censorship
Show Text
September 11, 2017
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
File No. JAO-0817-154
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Under Lock & Key (ULK) addressed to Mr. Rodriquez. The notice states that page 31113 contains reference to advocacy of violence or overthrow of authority and gang symbols or other unauthorized group symbols which may be reasonably thought to precipitate violence. We will operate under the assumption that this references pages 3, 11, and 13. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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).
A review of the referenced pages of Issue 57 (3, 11, 13) show that no such language or representations are contained on any of those pages which advocate for an overthrow of authority or contain any gang or unauthorized group symbols that would lead a reasonable person to believe they incite violence. As none of the referenced pages include any objectionable material, the notice is vague as to the objectionable content. Page 3 is general knowledge and contains no images or objectionable content.
Page 11 contains images from a news website and promotes a call for peace, no content is objectionable. Page 13 contains commentary and a single image of a hand with the index and middle finger held up in a “V” symbol. This “V” symbol is commonly known as a symbol of victory, and contains a specific reference “I contribute to P.E.A.C.E.” a clear reference to peaceful activity, not violence, none of the material on this page is objectionable. The “V” symbol is not a symbol of any gang or unauthorized group; it was displayed proximately by former U.S. President Richard M. Nixon, a law and order stalwart.
As none of the listed pages reference any objectionable content the notice is vague. Further, the notice to vague page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required.
We require the decision to censor issue 57 be vacated and delivered to XXX.
additional information on reasons for censorship
Show Text
contains correspondence, information, or othre items relating to another offender(s) without prior approval from the Superintendent/designee: or attempts to convey unauthorized offender to offender correspondence.
The newsletter talks about September 9 events including commencing a hunger strike until equal treatment, retaliation, and legal rights issues are resolved. (p13)
Newsletter is being rejected as it talks about September 9 events including offenders commencing a hunger strike until equal treatment, retaliation and legal rights issues are resolved
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
contains security threat group information and threat to penological object on overthrowing the government page 3, 11, and 13. a lot of articles that other offenders from other facilities
Washington DOC
Office of the Secretary
PO Box 41100, Mail Stop 41100
Olympia, WA 98504-1100
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
[Names of 9 prisoners]
To Whom It May Concern:
We are in receipt of nine (9) Rejection Notices (notice) for the above referenced issue of Under Lock & Key (ULK). The notice states that pages 3, 11, and 13 contain references to plans for activity that violate laws or rules, security threat group information, and overthrowing the government. A review of the pages cited show that no such information is shown. The notice also states, “A lot of articles that other offenders from other facilities.” It is unclear what alleged objectionable content this references and it is clearly not an objective or valid reason to support censorship.
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 the general references to pages when such pages contain none of the material cited, we object to the censorship as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.
In the alternative, we request the decision to censor issue 57 be vacated and delivered to all prisoners to whom it was addressed.
Superintendent Ron Haynes
Clallam Bay Correction Center
1830 Eagle Crest Way
Clallam Bay, WA 98326
June 20, 2015
RE: Inappropriate censorship of letter to Mr. XXX
Dear Superintendent,
Mr. XXX recently sent us a copy of a mail rejection form dated 6/9/2015, given to Mr. XXXXXX for mail sent from MIM Distributors. There is no indication of the content of that mailing but the rejection reason listed is “27. Attempting unauthorized offender to offender correspondence.”
We recently sent Mr. XXX one item of mail recently which could be the mail in question. On June 5 we sent him a news article, in both English and translated into Spanish, for his review. This article was published in Under Lock & Key, our newsletter, and had no information about the author or anything else that might facilitate offender to offender correspondence. The article included general reporting about prison conditions, but was completely devoid of anything that might be considered correspondence between prisoners.
The WA DOC mail rule this letter supposedly violated reads: “27. Contains correspondence, information, or other items relating to another offender(s) without prior approval from the Superintendent/designee, or attempts or conveys unauthorized offender to offender correspondence.” We are confident that if you review the letter you will see that there is no possible question of violating this rule. We wonder if this was rejected by a mailroom worker who does not read Spanish and so did not understand the content of the letter. Although the exact content of the Spanish portion was included in English so there should have been no confusion by J. Campbell, the mailroom employee who signed the rejection.
As you are certainly aware, the U.S. Supreme Court has clearly stated that both the sender and the prisoner have a right, under the First Amendment and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, to receive notice and an opportunity to be heard when prison administrators or staff prevent the sender’s expressive materials from reaching their intended recipients (Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, as reaffirmed on the point by Turner V. Safley, 482 U.S. 78 (1987) and Thornburgh v. Abbott, 490 U.S. 401 (1989) and Montcalm Publ'g Corp. v. Beck, 80 F.3d 105, 106 (4th Cir.), cert. denied, 519 U.S. 928 (1996)). We want to remind you that your mailroom personnel are obligated to inform both the prisoner and MIM Distributors of the censorship decisions that the Mailroom staff has made with regard to mail we send. We did not receive any notification of this rejection and hope that this will serve as an opportunity to retrain your mailroom staff in this requirement.
We look forward to your review of this mail and delivery to Mr. XXX once you determine that the rejection was in fact an error by the mailroom staff.
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