Tracking Prison Censorship in the United States

Warden Mike McDonald
High Desert State Prison
P.O. Box 750
Susanville, CA 96127-0750

November 15, 2009

Warden McDonald,

In October, MIM Distributors sent a magazine titled MIM Theory no. 8: Revolutionary Nationalism to prisoner XXX. It was returned to sender with "Disallowed Item" stamped on the envelope.

In July 2009 we wrote to you regarding the apparent ban on MIM literature that your facility was enacting. We did not receive a response from your office, but since then it seemed as though the ban was lifted. So we wonder, why is it that this publication is "disallowed?"

We would like to request an independent review of this decision to censor MIM Theory no. 8, and upon overturn of this denial, we request that XXX be allowed to receive this publication.

We appreciate your consideration and look forward to hearing from you,

MIM(Prisons)

CC: Affected parties.

Warden Mike D. McDonald
High Desert State Prison
P.O. Box 750
Susanville, CA 96127-0750

7 May 2010

Dear Warden McDonald,

I am in receipt of your letter dated 23 April 2010. I would like to thank you for your response, and especially for your acknowledgment that MIM Distributors is not a banned publisher at High Desert State Prison.

In your letter you stated that "High Desert State Prison has been receiving MIM Publications from your company which contains information that could pose a threat to the safety of staff and inmates. This publication is in violation of California Code of Regulations (CCR) Title 15 and the Department Operations Manual (DOM)."

You failed to state or describe which publication(s) you are referring to, and instead say that all publications coming from MIM Distributors "could pose a threat to the safety of staff and inmates." Although you write later in your letter that "All MIM publications . . . will be reviewed on an issue-by-issue basis," it seems to be in direct contradiction to the above statement. Please clarify which publication(s) you are referring to that you allege violate CCR Title 15 and the DOM.

You also fail to state or describe what about the publication "could pose a threat to the safety of staff and inmates." I ask you, does the content pose a threat or not? Any publication could pose a threat, which are not grounds to censor a publication. Either it poses a threat or not, and either it is censored or not. It is your job, and by proxy the job of your mailroom staff, to determine whether an item poses a threat or not. I ask you to decide if the publication poses a threat or not.

Additionally, you cite the entire 230 pages of California Code of Regulation Title 15, as well as the Department Operations Manual, as the "rule" that this unnamed publication is in violation of. This is hardly a satisfactory citation of violation. According to United States case law, when dealing with a prisoner's right to free speech, it is valid only if it is related to legitimate penological interests. I kindly ask you to explicitly cite which legitimate penological interests this publication is supposedly in violation of.

As a reminder, the publication I wrote to you about in November of 2009 was a magazine titled MIM Theory 7: Revolutionary Nationalism. It is a magazine that is published and distributed by MIM Distributors. This magazine was censored without any explanation, except for a stamp on the envelope that said "Disallowed Item." I wrote to you nearly six months ago to ask for further explanation as to why this magazine is "disallowed," and to request an independent review of this censorship.

In the past year, MIM Distributors has limited the mail we send into High Desert State Prison because of the illegal and irrational censorship carried out by the mailroom staff. Since you have stated in your letter from April 2010 that your staff will now review them on an issue-by-issue basis, we look forward to seeing your allegiance to state law in action.

I am still requesting an independent review of the censorship of MIM Theory 7: Revolutionary Nationalism that was denied delivery to Mr. XXX in September of 2009, without notification to either party as to why.

We look forward to your timely response concerning the overturn of this incorrect denial.

Sincerely,

MIM Distributors

CC: Affected parties
Mailroom Supervisor Sergeant M. Keating

Warden Mike McDonald
High Desert State Prison
P.O. Box 750
Susanville, CA 96127-0750

24 July 2009

Mr. McDonald,

This letter is to request an explanation of the handling of mail from MIM Distributors to prisoners being held at High Desert State Prison.

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.

In late November 2008, a month after this list was released, the mailroom at High Desert returned a couple of dozen unopened pieces of mail containing issue # 5 of Under Lock & Key, mailed by MIM Distributors. Since then, MIM Distributors has sent hundreds of pieces of mail to prisoners at High desert and only 3 have been confirmed received. A number of prisoners have confirmed that Under Lock & Key has not been delivered to them in that time and they have not been notified of any censorship. MIM Distributors has not received notification of this censorship either.

It is a violation of rules set forth in the CCR as well as federal case law to not notify senders/receivers when you censor their mail. It is also a violation of the CCR and case law to censor mail if it does not threaten the prison in some way. Thirdly, I am questioning the legality of the mailrooms apparent destruction of this mail without notification to either the sender or receiver.

In light of these incidents I am requesting an explanation of what is being done with mail sent by MIM Distributors to prisoners at High Desert, and what the justification is for such actions.



Thank you for your time,