MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
PGS2 free political books for prisoners (8) MIM prisons responds (Amerikkan)
PGS 15 New River Work Camp (15-16) Pontiac Correctional Center talking about hunger strikes also promotes unauthorized protests
PGS 20 What is the Prison Movement
PGS; Under Lock & Key March/April 2018 No 61
Contains priminent or prevalent advertising for three-way calling services, pen pal services, or the purchase of products or services with postage stamps
Florida Department of Corrections
Office of the Secretary
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Appeal of Censorship of Publication
Introductory Study Group Invitation (December 2017)
To Whom It May Concern:
We are in receipt of a Rejection Notice (notice) for the above referenced issue of Introductory Study Group Invitation (hereinafter, “Invitation”) addressed to the above referenced prisoner. The notice states that the publication is being rejected because it “[c]ontains prominent or prevalent advertising for three-way calling services, pen pal services, or the purchase of products or services with postage stamps.” The censorship form on its face is clear that no violation of prison policy has occurred, and the censorship is without merit. The Invitation contains no advertisements and make one reference to supporting the study guide by make a voluntary payment of $10. The Invitation further states “If your facility rules allow you to send stamps…” (emphasis added). No demand is made for payment, in fact the next paragraph provides information to receive the study materials without payment.
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).
The “stamp program” referenced includes the following language in its entirety on page 1 of the Invitation:
“We work to make our study groups as self-sufficient as possible. To do this we are asking you to pay for the materials that we will be reading. The minimum cost of this two level intro study course is $10 for the reading and postage. If your facility rules allow you to send stamps, that is best. If you can only send a check or money order, let us know and we will send you further instructions for how to do that.
If you cannot afford to pay by money or stamps, we certainly won’t leave you out...”
F.A.C. 33-501.401 (l) states (emphasis added):
(l) It contains an advertisement promoting any of the following where the advertisement is the focus of, rather than being incidental to, the publication or the advertising is prominent or prevalent throughout the publication.
1. Three-way calling services;
2. Pen pal services;
3. The purchase of products or services with postage stamps; or
4. Conducting a business or profession while incarcerated.
(m) It otherwise presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person.
Further, the F.A.C. cited requires the advertisement to be the focus of the publication and/or prominent or prevalent throughout the publication. Clearly it is neither the focus of nor prevalent. It also is not a prominent feature of the publication as it is on page 1 in normal font within the body of a paragraph.
It is clear the censorship based on a “stamp program” is arbitrary and capricious. It is also a clear misapplication of the Florida Administrative Code on its face.
The censorship of the Invitation, 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.
I also bring to your attention a recent decision by the FLDOC which clearly indicates such a statement is not a violation of the “stamp policy” and reversed a previous censorship decision as noted in a letter dated February 26, 2018. It is clear the person reviewing the Invitation does not have sufficient training or knowledge of the FLDOC policies. This letter serves to again put you on notice of such violations by FLDOC employees. A failure to address such employee malfeasance may subject you to any and all legal remedies at our disposal.
As such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand the Invitation be delivered forthwith to the prisoner to whom it was addressed.
Additional information on impoundment order
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pgs14 PLC report from Corcoran SHU (talk about strike)
pgs 18 Pennsylvania drug Situation is a call to unity (talk about the price of drugs inside the institution)
Additional information from ULK59 notice of rejection
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The following details the specific written or pictorial matter that is believed to be inadmissible:
Cover Page: Poisoning the Well
Page 4: COs$ of Drug$
page 7: Slangin' in the prison movement
Corizon Running Drugs to Control AZ Prisoners
under Lock and Key Nov/Dec 2017 No 59
02/12/2018
MIM(Prisons) protested censorship
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February 12, 2018
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 Issue 59
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 prisoners. The notice states that the publication is being rejected based on the cover page “Poisoning the Well,” page 4 “Cos$ of Drug$” [sic] , page 7 “Slangin’ in prison movement,” and “Corizon Running Drugs to Control AZ Prisoners.”
Each of these referenced articles, when read in their entirety and in context, advocate for the removal of drugs from prisons. A position one would believe prison authorities would espouse. As an example, drugs are referred to as “parasitic” and being used for “manipulation.” Poisoning the Well, p. 2. The Co$t of Drug$ (p. 4) makes reference, in a negative manner, to the black-market economy, which in turn negatively affect prisoners. The commentary clearly stands for the elimination of drugs within the prison system. Slangin’ in the prison movement?, p.7. The Corizon article takes issue with the fact that non-drug interventions are not provided in treating pain, a clear indication that even prescribed drugs should be reduced within the prison system. Corizon Running Drugs to Control AZ Prisoners, p. 14. Each of these articles provides no information on how to sell or obtain drugs in a prison. In fact, each clearly states that drugs are a negative influence on prisoners and those involved in the prison drug trade. It is clear this is not in line with FDOC beliefs and values, as you have chosen to censor this material as being against the interests of the institutional population. As such, you must be condoning a belief that drugs in prison are in fact acceptable and provide for the security and good order of the institution.
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).
The cited references do not provide adequate notice as to the objectionable content. Unless the objectionable content is that drugs are acceptable in prisons.
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 prisoners it was addressed.
additional information from impoundment notification
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Cover page: Poisoning the Well
Page 4: Cos$ of Drug$
Page 7: Slangin' in the prison movement
Corizon Runnin gDrugs to Control AZ Prisoners
Under Lock and Key Nov/Dec 2017 No 59
02/20/2018
MIM(Prisons) protested censorship
Show Text
February 12, 2018
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 Issue 59
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 prisoners. The notice states that the publication is being rejected based on the cover page “Poisoning the Well,” page 4 “Cos$ of Drug$” [sic] , page 7 “Slangin’ in prison movement,” and “Corizon Running Drugs to Control AZ Prisoners.”
Each of these referenced articles, when read in their entirety and in context, advocate for the removal of drugs from prisons. A position one would believe prison authorities would espouse. As an example, drugs are referred to as “parasitic” and being used for “manipulation.” Poisoning the Well, p. 2. The Co$t of Drug$ (p. 4) makes reference, in a negative manner, to the black-market economy, which in turn negatively affect prisoners. The commentary clearly stands for the elimination of drugs within the prison system. Slangin’ in the prison movement? p.7. The Corizon article takes issue with the fact that non-drug interventions are not provided in treating pain, a clear indication that even prescribed drugs should be reduced within the prison system. Corizon Running Drugs to Control AZ Prisoners, p. 14. Each of these articles provides no information on how to sell or obtain drugs in a prison. In fact, each clearly states that drugs are a negative influence on prisoners and those involved in the prison drug trade. It is clear this is not in line with FDOC beliefs and values, as you have chosen to censor this material as being against the interests of the institutional population. As such, you must be condoning a belief that drugs in prison are in fact acceptable and provide for the security and good order of the institution.
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).
The cited references do not provide adequate notice as to the objectionable content. Unless the objectionable content is that drugs are acceptable in prisons.
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 prisoners it was addressed.
Additional information on impoundment reasons
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Pgs 6 Liberation schools to organize through the wall (talk about the hunger strikes)
Pgs 8 DPRK; White Supremancy's global Agenda
Pgs 11 Case law to help those facing
Pgs 19 White and gaining consciousness
11/21/2017
MIM(Prisons) protests censorship
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November 12, 2017
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 Issue 58
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 prisoners. The notice states that the publication is being rejected based on an article “talk about the hunger strikes’”. “Talk about” is mere reporting of information, such hunger strikes were reported by mainstream media, such as USA Today and those publications were not subject to censorship. The objectionable content allegedly “otherwise presents a threat” for activity that threatens the order or safety of the institution (reference as subsection 3(m) on the form). It is clear that “talking about” such activity does not include plans for such activity, such “talking about” is clearly protected speech, even in a prison setting, as it does not advocate rule breaking. The other notations as to alleged objectionable material are in the form of informative news articles of global conditions, many of these same issues have been reported in the mainstream media without censorship. One egregious violation is the reference to “case law” as objectionable, this is clear on its face as an unreasonable application of the FLDOC policy in direct violation of the Constitution. The censorship form on its face is clear that no violation of prison policy has occurred and the censorship is without merit.
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 such, we object to the censorship on the grounds it does not violate FLDOC policy. We demand ULK be delivered forthwith to the prisoners it was addressed.
publisher notification: pg9 & 21: a threat to the security, good order, or discipline of the correctional system or the safety of any person. Encourages riot, insurrection, disruption of the institution
On the 17th of February 2017, after experiencing censorship by the officials here at Florida State Prison. A publication in which I were to receive was rejected (Under Lock & Key January/February 2017, no54) for reasons as stated. "Page 11: Encourages riot" and "page 13: describes riot." (A copy of DC5-101 is attached).
If the page stated above were to be "thoroughly" and "properly" assessed it woudl reveal that the decision put forth to reject mentioned publication was on exaggerated response to any true concern for security matters. And in addition, in the absence of penological concern. It will further illuminate that the true intent of stated articles were taken out of context. The rejection of the publication (as well as twenty six of the last twenty eight) in full were applied by officials own personal prejudices and opinions as standards for prisoner mail censorship and to suppress unwelcome criticism. It was more so determined by a preassumption of the critical nature of the newsletter as a whole that prompted and has been prompting these decisions this is an appeal of the rejected publication, and asking that a further assement is put into effect to verify and justify the trure threat of articles on pg11 and 13.
03/10/2017
Response to administrative appeal
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Your administrative appeal has been reviewed and evaluated. You appeal the impoundment of the following publication: Under Lock & Key, No. 54. January/February 2017.
On March 08, 2017 the Literature Review Committee reviewed the subject matter content in question submitted by the institution. It was determined to contain subject matter that is inadmissible per Rule 33-501.401(3)(g)(m).
The departmnt may prohibit admission of materials or publications if they are determined to be detrimental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disorder at that facility. Chapter 33-501.401, requires that publications be reviewed and a determination made by one institution. The determination made by that institution affects all other institutions; however, as a result of an individual institution's determination, all impounded publications are reviewed and either approved or rejected by the department's Literature Review Committee as required by rule. Therefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.
Based on the above information your administrative appeal is denied.
Dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the institution, violation of department or institution rules. p11 encourages riot, pg13 describes riot
p13 California November Updates; stamps restrictions, Santa Clara strike success and Ashker settlement update. p4-9 broad participation in September 9 fam strike
Contains prominent or prevalent advertising for three-way calling services, pen pal services, or the purchase of products or services with postage stamps.
Contains information which presents a threat to the security, order or rehab objectives: p8-9 Freedom fighter, p16 lessons from the hunger strike, p18 punishment for reporting abuse
p12 - United Struggle from Within - 9/15/16 solidarity day calling for organization of all inmates, p17-18 - fighting the real enemy, Sept 9 solidarity demonstration, p19 - black panther or aryan soldier - STG related article and letter from FL inmate
The complainant contend that the contents contained in the publication "Under Lock and Key May/June 2016 No. 50" doesn't cause disorder or violence, nor will it hurt his rehabilitation. he also contends that his "Under Lock and Key" publications are being denied because they are communist in text. However, prison officials must abide by the Fourteenth Amendment, which guarantees equal protection of the laws to all citizens. This means that, for example, prison officials cannot ban access to materials targeted to a communist audience, if they do not ban similar materials popular among other political parties.
07/07/2016
prisoner's appeal denied
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Your administrative appeal has been reviewed and evaluated. You appeal the impoundment of the following publication: Under Lock and Key, May/June 2016, issue 50.
On July 6, 2016 the Literature Review Committee reviewed teh subject matter content in question submitted by the institution. It was determined to contain subject matter that is inadmissible per Rule 33-501.401(3)(g)(m).
The department may prohibit admission of materials or publication sif they are determined to be detrimental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disorder at that facility. Chapter 33-501.401, requires that publications be reviewed and a determination made by one institution .The determination made by that institution affects all other institutions; however, as a result of an individual institution's determination, all impounded publicaitons are reviewed and either approved or rejected by the department's Literature Review Committee as required by rule. Therefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.
Based on the above information your administrative appeal is denied.
I disagree with the impoundment of my publication Under Lock and Key issue March/April 2016 #49 that was impounded on May 20 2016.
The Super Bowl Halftime Report (page 10-11) isn't inflammatory becasue the incident(s) that took place at the super bowl has been publicized by the NPR news stateion and many other radio outlets which haven't canceled an issue yet.
Community education (page 17) isn't a threat.
Page 17 doesn't have gang signs and even if it does, they are not pictured in a disrespectful manner that would cause anger.
06/14/2016
Part B - response denial of prisoner appeal
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On May 24, 2016 the Literature Review Committee reviewed the subject matter content in question submitted by the institution. It was determined to contain subject matter that is inadmissible per Rule 33-501.401 (3)(m).
The department may prohibit admission of materials or publications if they are determined to be detrimental to the safety, security, order or rehabilitative interests of a facility or would create a risk of disorder at that facility. Chapter 33-501.401, requires that publications be reviewed and a determination made by one institution. The determination made by that institution affects all other institutions; however, as a result of an individual institution's determination, all impounded publications are reviewed and either approved or rejected by the department's Literature Review Committee as required by rule. Therefore, the final determination is made by the department's Literature Review Committee and not by an individual institution or warden.
All publications that have suspected gang related behavior are forwarded to the Security Threat Group unit for review an input to the Literature Review Committee.
It is not within the inmate's scope of responsibility to determine what is a violation of Ch. 33-501.401, determine a credible threat to the security of a compound/facility or decide of an impoundment/rejection is frivolous.
Based on the above information your administrative appeal is denied.
Dangerously inflammatory (p8-9 serves as a forum to promote and possibly recruit security threat group Latin Kings by one of it's members, p16 promotes hunger strikes, p18 and 21 is dangerously inflammatory and could result in disruption of the inst)
contains information about another inmate or offender which presents a threat to security (p8-9: Freedom fighter, Latin kings leader, p16: lessons from the hunger strike 2000-2007 in Turkey, p18: punishment for reporting abuse in Florida)
