Tracking Prison Censorship in the United States

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MIM Distributors
PO Box 40799
San Francisco, CA 94140

Warden Derral Adams
CSATF
PO Box 8800
Corcoran, CA 93212-8309

1 February 2010

Dear Warden Adams,

This letter is regarding the censorship of a newsletter titled Under Lock & Key issue 11 (Nov/Dec 2009) from MIM Distributors to many prisoners at CSATF. We suspect that it has been censored from all of its intended recipients, but have only confirmed this with XXX and YYY. According to CSATF mailroom staff, the reason this newsletter was censored is because it "violates CCR Title 15, 3006 (c) (1) Any matter tending to incite."

We request to (1) appeal the decision made by CSATF mailroom staff to mark this newsletter as undeliverable. We also ask for (2) an more complete explanation as to why this newsletter was censored, because surely everything that incites anything can't be censored by CCR. Lastly, we ask that (3) Under Lock & Key issue 11 (Nov/Dec 2009) be deliverable to XXX, YYY, and any other prisoners who so desire to communicate with MIM(Prisons)

We appreciate your assistance and look forward to your response.

Sincerely,

MIM Distributors


CC: Affected parties

Warden Derral Adams
CSATF
PO Box 8800
Corcoran, CA 93212-8309

4 April 2010

Dear Warden Adams,

On 24 February 2010 Mailroom Sergeant C. Pugliese wrote to us with a more thorough explanation as to why our mail has been censored at CSATF. We appreciate this explanation greatly, but still do not believe that it is legal to censor mail from MIM Distributors to prisoners at CSATF. This letter is to appeal the decision of "denied" made by Sgt. Pugliese and have the matter investigated at a higher level of review.

Attached is a copy of the letter we received from Sgt. Pugliese. In this letter, Sgt. Pugliese took the evidence out of context, and/or provided examples that are not legitimate threats. For example, Sgt. Pugliese provided the following quote as an example of something that is a threat to the good order of the institution,

"United Struggle from Within is an organization of anti-imperialist prisoners, led by MIM(Prisons) and is a place for anti-imperialists to organize from within the prison system."

There is no rule that says prisoners are not allowed to oppose imperialism, especially because MIM(Prisons) only advocates legal and nonviolent means of working for change. For example, from Under Lock & Key, a publication that is distributed by MIM Distributors,

"MIM(Prisons) struggles to end the oppression of all groups over other groups. We encourage prisoners to join these battles while explicitly discouraging them from engaging in any violence or illegal acts. MIM(Prisons) and its publications explicitly oppose the use of armed struggle at this time..."

On page 1 of Sgt. Pugliese's letter, she/he says that "MIM advocates that inmates come together as a 'revolutionary group' for the purposes of imposing their idea of prison reform." This is hardly a valid reason to censor a publication. It isn't Sgt. Pugliese's job to determine the merit of MIM(Prisons)'s idea of prison reform, and she/he should not use their personal disagreements with MIM(Prisons)'s platform as a reason for illegally censoring letters and publications. Sgt. Pugliese's job is to follow CDCR policy, and it is your job as Warden to ensure that she/he does just that.

In that same paragraph, Sgt. Pugliese asserts that "The MIM literature advocates seizing public power through armed struggle and overturning prison administrations 'by stripping them of control.'" I do not know where Sgt. Pugliese has found this claim, and she/he does not say where it is from. It is either an inaccurate paraphrase purported to be a quote, or it is taken grossly out of context.

In closing, we would like to appeal this decision by Mailroom Sergeant C. Pugliese to the next level of review.

We appreciate your assistance and look forward to your response.

Sincerely,

MIM Distributors

CC: Affected parties

Warden Derral Adams
CSATF
PO Box 8800
Corcoran, CA 93212-8309

2 April 2010

Dear Warden Adams,

On 24 February 2010 mailroom staff V. Oyerviolez wrongly censored a magazine from MIM Distributors to Mr. XXX held at CSATF. This letter is to appeal that decision, and to allow the magazine to be delivered to Mr. XXXXXX.

The reason that V. Oyerviolez gave for this censorship this censorship was CCR Title 15, Section 3006 (c) (11) "Catalogs, advertisements, brochures and materials whose primary purpose is to sell product(s)" shall be disapproved for delivery. The item in question is actually a magazine, not a catalog, titled MIM Theory 14: United Front. Admittedly, the inside of the back cover of the magazine has advertisements for other issues of MIM Theory. However, it is obvious that V. Oyerviolez did not do a thorough or accurate investigation of the true nature of this magazine, because MIM Theory 14: United Front is NOT a catalog, but instead 170 pages of pure plain text. Even the front cover identifies the publication as a "theoretical journal" which implies wordiness, not sales.

Upon review, this magazine will be determined to not be a catalog, and should be permitted for timely delivery to Mr. XXX. It is ridiculous and illegal that the impotency of your mailroom staff at CSATF should lead to such hassle and delay. We ask that you reprimand V. Overviolez for their intentional disregard of their responsibility to their job, and retrain your staff on how to tell the difference between a document that is made up of articles and a document that is made up of advertisements.

We appreciate your assistance and look forward to your response.

Sincerely,

MIM Distributors

CC: Affected parties

Warden Derral Adams
CSATF
PO Box 8800
Corcoran, CA 93212-8309

6 April 2009

Mr. Adams,

This letter is to request a review of the decision by staff member M. Seminario to censor mail sent by MIM Distributors to Mr. XXXXXX XXXXXX.

According to the Centralized List of Disapproved Publications, dated October 21, 2008, ?The centralized list of disapproved publications supersedes any prior departmental or facility memoranda regarding banned publications. Facilities must use only the most updated version of the centralized list to identify publications subject to a general ban.? MIM Distributors does not appear on this list.

I do not have a copy of the memo that was attached to the enclosed notification of disapproval, but I assume it is the letter from Scott Kernan from 2005, which has been superseded by the list cited above. Therefore, I am requesting that the Under Lock & Key and subsequent mail from MIM Distributors be delivered to Mr. XXXXXX and any other prisoners being held at CSATF. If you do not deliver these items to Mr. XXXXXX then I am requesting an explanation of your refusal.


Thank you for your time,

Warden Derral Adams
CSATF
PO Box 8800
Corcoran, CA 93212-8309

23 June 2009

Mr. Adams,

In April I wrote you to request that the mail room at CSATF abide by the current mail policies of the CDCR, particularly as ordered in the court settlement with Prison Legal News that was approved over 2 years ago. Following that settlement, the illegal ban on MIM Distributor?s mail in California was rescinded.

In response to my April letter, C. Pugliese, Mailroom Sergeant acknowledged that the ban was overturned and that mail from MIM Distributors must be reviewed according to the California Code of Regulations (CCR). Yet, the mail in question was neither deemed to violate the CCR, nor was it forwarded to its intended recipient (XXXXXX XXXXXX) to our knowledge.

In addition, we have continued to receive notifications from people held at CSATF that their mail is being censored ?per memorandum from Division of Adult Institutions, ban of Maoist International Movement Publications.?

As of last month, CSATF is the only facility in California that is still treating the 2005 memo as current policy that we have documented. Can you please advise me as to why the mailroom staff are not following the rules that the mailroom sergeant acknowledges that it should be following?


Thank you for your time,

A. Describe Problem: On 2-8-09 I received a "Notification of Disapproval" of a publication from the anti-imperialist group MIM. This is a violation of my 1st Amendment right to know this political information and the 1st Amendment rights of MIM to voice their political views. The CDC 1819 claimed there was a memo attached supporting the institutions case. It's not there! CCR Title 15 3006(c)-(1) is no excuse to violate our rights. All you did is make me more interested in their work.

B. Action Requested: The memo mentioned to be attached to my complaint. Don't worry about the knowledge that I have. I get whether you censor it or not. Avoid extensive litigation and give me my publication titled "Under Lock & Key" that has been censored!