Tracking Prison Censorship in the United States

May 29, 2018

Colorado Department of Corrections
Office of the Director
PO Box 6000
Sterling, CO 80751-6000

Re: Appeal of Censorship of Publication
Chican@ Power and Struggle for Aztlan


To Whom It May Concern:

We are in receipt of a Censorship Notice (notice) for the Chican@ Power and Struggle for Aztlan. The notice states that the publication was rejected because “talks about the rise and struggles for power of the Chican@ Nation within the prison system.” However, there are no references to page numbers of the alleged objectionable content or the specific content which is objectionable. The notice merely states that “5+” pages are objectionable. It is unclear what specific content is alleged to be objectionable.

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 notice without page references does not meet the scrutiny required by the Constitution and a more definite statement of the objectionable content is required. The Notice to Publisher is clear that the censoring official must “identify the page number(s).” You must provide the information which is objectionable with specific references to page numbers within fifteen (15) days.

The Notice to Publisher was dated May 8, 2018. A review of our records show that we sent only one copy of the book to a prisoner in the Colorado Department of Corrections on August 14, 2017. We ask that you investigate the delay in providing notice of censorship.

Further, we do not believe any material in the book is objectionable based on Colorado Department of Corrections policies or regulations. Therefore, we require the decision to censor the issue referenced above be vacated and delivered to the prisoners to which it was addressed.

Please govern yourself accordingly.


Sincerely,


MIM Distributors