MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Missouri Department of Corrections
Office of the Director
2927 Plaza Drive
Jefferson City, MO 65102
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 56
To Whom It May Concern:
We have been notified of censorship by the Missouri Department of Corrections of issue 56 of Under Lock & Key (hereinafter, ULK) sent to XXXX. We are the publishers of Under Lock & Key. Our notification of censorship was received from a prisoner, not the Missouri Department of Corrections.
As the publisher, we have a First Amendment right to correspond with prisoners, including through publications such as Under Lock & Key. See Thornburgh v. Abbott, 490 U.S. 401, 407-08 (1989). The publisher also has a due process right to adequate notice of censorship. See Lane v. Lombardi, 2:12-cv-4219 (W.D. Mo. Nov. 15, 2012).
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 PLN, due process requires that PLN be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015) (emphasis added).
We demand the Missouri Department of Corrections provide notice as to the publication censored and most importantly detailed reasons for such censorship with specific references to the material found to be objectionable. We reserve our right to appeal any censorship of ULK upon receipt of said notice.
We also have reason to believe that the Missouri Department of Corrections is excluding all issues of Under Lock & Key pursuant to a “blanket ban” on the publication. As you are aware such a “blanket ban” has been found to violate a publisher’s rights to due process. If this in fact the case, we demand the Missouri Department of Correctios cease such a “blanket ban” immediately. An individualized review of the content of each issue of a publication must be reviewed prior to it being censored. Lane.
Please note we are requesting a copy of any records relating to all issues of Under Lock & Key censored by the Missouri Department of Corrections, to include date of censorship, issue number, and reason for censorship.
As a general response to the censorship, and without waiving our objection to the failure to provide notice, we have reviewed ULK and do not believe it meets the criteria for censorship as outlined in Missouri Department of Corrections Censorship Procedure IS13-1.2.
We request the decision of the Publication Review Committee be vacated and issue 55 of Under Lock & Key be forwarded to those to whom it was addressed.
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
3 June 2013
RE: Censorship of Under Lock & Key Issue 31
Dear Mr. Dormire,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, March/April, Issue #31 has been censored by the department. This letter is to request an independent review of this decision.
Since various reasons have been given by different wardens I have included the documents stating their reasons. Below I will attempt to briefly address them as I understand them.
Staff at Jefferson City Correctional Center cite "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" and they refer to page 15. This was the same rule cited to censor issue #30, which you agreed was in error back in April. However, this time I'm not even sure what this rule is in reference to as the contents of page 15 of Under Lock & Key #31 is merely an article on education, a description of the organization that publishes the newsletter and a reader survey.
The explanations from Western Missouri Correctional Center and Southeast Correctional Center both make reference to the newsletter explaining how to organize a group. Omer Clark cites page 2 of the newsletter, which is merely a description of the organizations that write and produce the newsletter. That page also discourages the use of violence against staff and other prisoners. It seems that to censor literature for containing such descriptions would lead to an across the board ban on any literature that is published by "an organization."
I hope that you can clarify these matters for us as well as those attempting to censor our mail. Thank you for taking the time to review this matter.
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
MIM Distributors appealed censorship to Deputy Director prior to receiving this notice
Show Text
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
16 June 2014
RE: Censorship of Under Lock & Key Issue 37
Dear Mr. Dormire,
Warden Troy Steele recently sent a notice to MIM Distributors notifying us of the censorship of Under Lock & Key No. 37 at Potosi Correctional Center. He did not specify what contents triggered this censorship, except to state that he felt it could ?be used to instill violence or hatred among? prisoners. I am requesting an independent review of this decision.
I hope you also received my recent letter regarding the difficulties we've been having in getting staff at some facilities to abide by the review decisions made by your office to allow certain issues of Under Lock & Key to be delivered to Missouri prisoners.
MIM Distributors had already appealed this censorship to Deputy Director
Show Text
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
16 June 2014
RE: Censorship of Under Lock & Key Issue 37
Dear Mr. Dormire,
Warden Troy Steele recently sent a notice to MIM Distributors notifying us of the censorship of Under Lock & Key No. 37 at Potosi Correctional Center. He did not specify what contents triggered this censorship, except to state that he felt it could ?be used to instill violence or hatred among? prisoners. I am requesting an independent review of this decision.
I hope you also received my recent letter regarding the difficulties we've been having in getting staff at some facilities to abide by the review decisions made by your office to allow certain issues of Under Lock & Key to be delivered to Missouri prisoners.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority. [Download Documentation]This was overturned
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
3 June 2013
RE: Censorship of Under Lock & Key Issue 31
Dear Mr. Dormire,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, March/April, Issue #31 has been censored by the department. This letter is to request an independent review of this decision.
Since various reasons have been given by different wardens I have included the documents stating their reasons. Below I will attempt to briefly address them as I understand them.
Staff at Jefferson City Correctional Center cite "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" and they refer to page 15. This was the same rule cited to censor issue #30, which you agreed was in error back in April. However, this time I'm not even sure what this rule is in reference to as the contents of page 15 of Under Lock & Key #31 is merely an article on education, a description of the organization that publishes the newsletter and a reader survey.
The explanations from Western Missouri Correctional Center and Southeast Correctional Center both make reference to the newsletter explaining how to organize a group. Omer Clark cites page 2 of the newsletter, which is merely a description of the organizations that write and produce the newsletter. That page also discourages the use of violence against staff and other prisoners. It seems that to censor literature for containing such descriptions would lead to an across the board ban on any literature that is published by "an organization."
I hope that you can clarify these matters for us as well as those attempting to censor our mail. Thank you for taking the time to review this matter.
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
"...facilitates or otherwise presens a risk of lawlessness, violence, anarchy or rebellion against governmental authority..." [Download Documentation]This was overturned
Promotes, incites, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority. [Download Documentation]This was overturned
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority. [Download Documentation]This was overturned
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incides, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
Promotes, incites, or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness, violence, anarchy or rebellion against a governmental authority.[Download Documentation]
DAI Deputy Director
Department of Corrections
2729 Plaza Drive
Jefferson City, MO 65109
12 March 2013
RE: Statewide Censorship of Under Lock & Key Issue 30
Dear Sir/Madam,
We have received many notices, from multiple institutions in the Missouri DOC that state that Under Lock & Key, Jan/Feb, Issue #30 has been censored by the department. This letter is to request an independent review of this decision.
The reason stated is "IS13-1.2 Censorship Procedure III C-2 a.," which refers to "promotes, incites or advocates violence, disorder or the violation of state or federal law, or advocates, facilitates or otherwise presents a risk of lawlessness?" Under Lock & Key is very explicit in discouraging prisoners from using violence or from violating the law. The notification cites pages 1 and 9 of the newsletter. While there is a reference to violence on both pages, neither could be construed to be encouraging or promoting violence.
The first page contains a review of a book on economics and an article about the shooting that occurred in Newtown, CT. The artwork for the latter does depict Uncle Sam firing a gun, but this was a critique of the use of violence in this country and clearly not encouraging prisoners to follow suit.
Page 9 contains portions of an article about segregation in schools, which has no mention of violence or lawbreaking, not to mention advocating it. This page also contains the beginnings of an article on censorship, coincidentally, that compares statements about violence made by the founding fathers to materials that were deemed "dangerous" by the Wisconsin DOC. Perhaps the reviewer in Missouri wanted to prove the writer incorrect that these statements by the founding fathers would not be censored by prison employees. But they were put forth to prove a point in a legal argument, which is the type of arguments ULK consistently promotes, not as a means to make any argument for violence as is evident by reading the article.
It seems the reviewer mistakenly saw mentions of violence as promoting it, rather than reading the articles to see that they both served as a critique. I hope you agree and allow the prisoners held throughout Missouri to receive their copies of Under Lock & Key Issue 30. Thank you for taking the time to review this matter.
![[Download Documentation]](https://www.prisoncensorship.info/docs/c3855.jpg){kind=link}
![[Download Documentation]](https://www.prisoncensorship.info/docs/c3856.jpg){kind=link}
![[Download Documentation]](https://www.prisoncensorship.info/docs/c3859.jpg){kind=link}
![[Download Documentation]](https://www.prisoncensorship.info/docs/c3861.jpg){kind=link}
![[Download Documentation]](https://www.prisoncensorship.info/docs/c3867.jpg){kind=link}
![[Download Documentation]](https://www.prisoncensorship.info/docs/c3857.jpg){kind=link}
![[Download Documentation]](https://www.prisoncensorship.info/docs/c3858.jpg){kind=link}
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![[Download Documentation]](https://www.prisoncensorship.info/docs/c3865.jpg){kind=link}