Tracking Prison Censorship in the United States

May 7, 2019

Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500

Re: Appeal of Censorship of Publication
Under Lock & Key March/April 2019


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 the above referenced prisoner. The notice states that the publication is being rejected based on “ENTIRE PUBLICATION: DEVISIVE AND RACIST.” The censorship form on its face fails to state specific and articulable references to any objectionable content. Based on the notice received it is clear that no violation of prison policy, to which you specifically point, has occurred, and the censorship is without merit. The publication contains no such content.

We have received no notice of censorship for this issue of ULK. Again, the Florida Department of Corrections has failed to adhere to its own internal regulations, the Florida Administrative Code and applicable federal caselaw. You are put on notice that continued failures of this nature by your agency will result in the appropriate legal action.

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). No notice can never be adequate.
The censorship of ULK, based on the reasons set forth in the Notice, constitute a clear violation of our Constitutional rights. These reasons are clearly not applicable under any reasoned interpretation of the Code and cannot have been made in a good faith reliance on any such application.

As such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand ULK be delivered forthwith to the prisoner it was addressed.

Failure to provide adequate notice of the alleged offending content within fifteen (15) days of receipt of this letter may lead to litigation.

Please govern yourself accordingly.


Sincerely,


MIM Distributors

February 10, 2019

Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500

Re: Appeal of Censorship of Publication
Under Lock & Key Nov/Dec 18

[prisoner name/number]

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 the above referenced prisoner. The notice states that the publication is being rejected based on “it otherwise poses a threat to the security, good order, or discipline of the correctional system or the safety of any person.” It further states “This publication was rejected by the Literature Review Committee on 1/9/19.” The censorship form on its face fails to state specific and articulable references to any objectionable content. Based on the notice received it is clear that no violation of prison policy, to which you specifically point, has occurred, and the censorship is without merit. The publication contains no such content.

We have received no notice of censorship for this issue of ULK.

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). No notice can never be adequate.
The censorship of ULK, based on the reasons set forth in the Notice, constitute a clear violation of our Constitutional rights. These reasons are clearly not applicable under any reasoned interpretation of the Code and cannot have been made in a good faith reliance on any such application.

As such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand ULK be delivered forthwith to the prisoner it was addressed.

Failure to provide adequate notice of the alleged offending content within fifteen (15) days of receipt of this letter may lead to litigation.

Please govern yourself accordingly.