Tracking Prison Censorship in the United States

Texas Department of Criminal Justice
Institutions Division
Director’s Review Committee
PO Box 99
Huntsville, TX 77342-0099


Re: Appeal of Censorship (unnamed item)
Attempted delivery to XXX


To Whom It May Concern:

We are in receipt of a Director’s Review Committee Decision Form (hereinafter, “Form”), dated February 11, 2020 concerning the decision to uphold censorship of the an unnamed item to the above-named prisoner. We are the mailing entity listed on the form. We would note that we have never been provided notice of the censorship related to the Form as required by Federal case law.

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], due process requires that [the publisher] be told of this new reason.” 126 F. Supp. 3d 1233, 1258 (N.D. Fla. 2015) (emphasis added).

Your failure to provide notice of censorship as well as the arbitrary and capricious nature of the censorship is a clear violation of our Constitutional right. We request a response to this letter within fifteen (15) days of receipt. Failure to do so may result in litigation against the TDCJ. Alternatively, the decision to censor the material intended for Mr. XXXXXX from MIM Distributors may be reversed and the material delivered to the prisoner to whom it was addressed.

We look forward to your reply concerning this censorship.

Please govern yourself accordingly.

Sincerely,