Tracking Prison Censorship in the United States

November 12, 2017

South Carolina Department of Corrections
Office of the Director
Post Office Box 21787
Columbia, SC 29210

Re: Appeal of Censorship of Publication
Maoist Internationalist Ministry of Prisons booklet

To Whom It May Concern:

We are in receipt of a Notice to Withhold Incoming Correspondence (notice) for the above referenced publication addressed to the above referenced prisoner. The notice states that the publication is being reviewed for objectionable material.

A review of the contents for the impounded publication clearly shows the material provided is akin to many college level courses on world history relating to socialism and communism. There is no objectionable material or material which violates any South Carolina DOC policy contained within the publication.

As there is no objectionable material, we must demand you deliver the publication to Mr. XXXXXX forthwith.

Should you improperly censor the publication we demand you provide us with specific reasons for such censorship and specific citations to the objectionable content as required by numerous federal court decisions. 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).

Please govern yourself accordingly.


Sincerely,


MIM Distributors

This notice is to advise you that you have received correspondence from MIM Distributors which contained study guide for Maoist International material. This is deemed questionable and requires further review by the Correspondence Review Committee (CRC) pursuant to SCDC Policy PS-10.08 "Inmate Correspondence privileges." The Committee has 90 days... to advise you of the decision.

Warden David Michael McCall, Jr.
Perry Correctional Institution
430 Oaklawn Road
Pelzer, SC 29669

4 January 2011

Dear Warden McCall,

I wrote to your office in November 2010 regarding the censorship of several articles of mail from MIM Distributors to prisoners held at Perry Correctional Institution. I have yet to hear a response from your office, and the censorship is ongiong.

In addition to requesting a response to my 15 November 2010 letter, I would like to request a copy of the policy governing the mail room staff at Perry CI, SCDC Policy PS-10-08, "Inmate Correspondence Privileges." Unfortunately I could not locate this policy on the SCDC website. Please send it to the address below.

I appreciate your effort in investigating this matter and your timely response.

Sincerely,

MIM Distributors

CC: Affected parties

Warden David Michael McCall, Jr.
Perry Correctional Institution
430 Oaklawn Road
Pelzer, SC 29669

15 November 2010

Dear Warden McCall,

Since 2007 MIM Distributors has sent many articles of mail to prisoners held at Perry Correctional Institution. Generally we receive some indication from the prisoners we correspond with that they have gotten mail from us. However, we have never received this confirmation from prisoners at Perry CI, and in fact many prisoners have written to us repeatedly asking to be put on our mailing list, indicating that they have never received mail from MIM Distributors. MIM Distributors has sent in the newsletter titled Under Lock & Key as well as many letters to prisoners at Perry CI.

MIM Distributors has only once received notification from the mailroom staff at Perry CI that our mail would not be delivered to its intended recipients. However, according to United States law, as set in Procunier v. Martinez, 416 U.S.396. 94 S.Ct 1800, "The court required that an inmate be notified of the rejection of correspondence and that the author of the correspondence be allowed to protest the decision and secure review by a prison official other than the original censor." Except for this single piece of returned mail, the mailroom staff have not been notifying MIM Distributors of their decision to censor our mail. Based on the mail we've received from prisoners at Perry CI, they are also not being notified of this censorship. This is a completely illegal practice of your mailroom staff.

The article of mail that was recently censored was issue 16 of the newsletter Under Lock & Key, which is published and distributed by MIM Distributors. The reason given for this denial was that there are to be "no periodicals on lock-up unit," (see the attached paper, a copy of the "rejection notice"). As you probably well know, according to United States law, "when a prison regulation restricts a prisoner's First Amendment right to free speech, it is valid only if it is related to legitimate penological interests," per Turner v. Safely, 482 U.S. 78, 89 (1987). What is the penological interest that is being used to uphold this policy that no periodicals should be allowed on the lock-up unit?

In addition to requesting (1) that your mailroom staff start notifying senders and intended recipients of decisions to censor incoming mail, in accordance with U.S. law, (2) an explanation of the penological interests behind the policy that no periodicals should be allowed at Perry CI, I am requesting (3) the mail rules for Perry CI and (4) any other information you may have regarding the censorship of mail from MIM Distributors to prisoners held at Perry CI.

I appreciate your effort in investigating this matter and your timely response.

Sincerely,

MIM Distributors

CC: Affected parties