Tracking Prison Censorship in the United States

The item(s) of mail is being RETURNED/held for you for the reason(S) indicated:

Other: reading material (denied by Legal in Atlanta)

September 6, 2017

Georgia DOC
Office of the Commissioner
300 Patrol Road
Forsyth, GA 31029

Re: Appeal of Censorship of Publication
Under Lock & Key Issue 56



To Whom It May Concern:

We are in receipt of a Mail Items Rejection Form for the above referenced issue of under Lock & Key (ULK) which was mailed to XX. The form stated the reason for censorship was “reading material (denied by legal in Atlanta).” This notice fails, on its face, to comport with the Constitutional requirements of notice.

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 as failing to provide adequate information upon which to formulate and base any appeal. Please provide additional information which clearly states the objectionable material and reason for censorship within fifteen (15) days of receipt of this letter.

Further, if this issue of ULK was censored under a blanket ban for all ULK publications, it is an unconstitutional infringement upon our First Amendment rights. As the publisher, we have a First Amendment right to correspond with prisoners, including through publications such as Under Lock & Key. See Thornburgh v. Abbott, 490 U.S. 401, 407-08 (1989). The publisher also has a due process right to adequate notice of censorship. See Lane v. Lombardi, 2:12-cv-4219 (W.D. Mo. Nov. 15, 2012). As you are aware such a “blanket ban” has been found to violate a publisher’s rights to due process. If this in fact the case, we demand the Georgia Department of Corrections cease such a “blanket ban” immediately. An individualized review of the content of each issue of a publication must be reviewed prior to it being censored. Id.

We further note that GADOC SOP IIB04-0001 provides no means for a sender, publisher or distributor to challenge the rejection or censorship of mail. Courts in the United States have long held a First Amendment right exists to protect the right of correspondence with prisoners. As previously noted a publisher or distributor must be given a meaningful opportunity to challenge any censorship. As GADOC SOP IIB04-0001 fails to provide any such remedy it is unconstitutional on its face and as applied. We demand the Georgia Department of Corrections immediately afford us the exercise of our rights under the Constitution. Any failure to act within fifteen (15) days of the receipt of this letter may result in appropriate legal action being taken against the Georgia Department of Corrections.

In the alternative, we request the decision to censor issue 56 be vacated and the issue be delivered to all inmates to whom it was addressed.

Please govern yourself accordingly.


Sincerely,

MIM Distributors

I've accomplished one of my short term goals with the help of MIM(Prisons). I received your censorship pack on the situtaion that these Pigs was holding my mail, from y'all and some of my family. Once I read the censorship pack I immediately put it in effect. With grievances stating S.O.P. and case laws. Once the administration received my paperwork with the "example of proof and service," that next day I received bulk of mail from October. And also Under Lock & Key issues. Once that was successful, I gave my fellow comrades the game. Now I'm willing to see what else we can accomplish on this Tier II in order to make our time a little better. As I fell my fellow comrades, we need to educate ourselves to overcome our situation. With the structure of the United Front; principles of peace, UNITY, growth, internationalism, and independence. I'm still trying to learn so I will be able to lead correctly. With this letter is a donation of 10 stamps. If I had more I'll give more, because I salute what MIM(Prisons) stands for. With that said our strive will continue. And the oppressor will not be able to mentally destroy any more.

P.S. Salute to the Black Panther Party 50 year commemoration. They paved the way!!

I've accomplished one of my short term goals with the help of MIM(Prisons). I received your censorship pack on the situtaion that these Pigs was holding my mail, from y'all and some of my family. Once I read the censorship pack I immediately put it in effect. With grievances stating S.O.P. and case laws. Once the administration received my paperwork with the "example of proof and service," that next day I received bulk of mail from October. And also Under Lock & Key issues. Once that was successful, I gave my fellow comrades the game. Now I'm willing to see what else we can accomplish on this Tier II in order to make our time a little better. As I fell my fellow comrades, we need to educate ourselves to overcome our situation. With the structure of the United Front; principles of peace, UNITY, growth, internationalism, and independence. I'm still trying to learn so I will be able to lead correctly. With this letter is a donation of 10 stamps. If I had more I'll give more, because I salute what MIM(Prisons) stands for. With that said our strive will continue. And the oppressor will not be able to mentally destroy any more.

P.S. Salute to the Black Panther Party 50 year commemoration. They paved the way!!

I've accomplished one of my short term goals with the help of MIM(Prisons). I received your censorship pack on the situtaion that these Pigs was holding my mail, from y'all and some of my family. Once I read the censorship pack I immediately put it in effect. With grievances stating S.O.P. and case laws. Once the administration received my paperwork with the "example of proof and service," that next day I received bulk of mail from October. And also Under Lock & Key issues. Once that was successful, I gave my fellow comrades the game. Now I'm willing to see what else we can accomplish on this Tier II in order to make our time a little better. As I fell my fellow comrades, we need to educate ourselves to overcome our situation. With the structure of the United Front; principles of peace, UNITY, growth, internationalism, and independence. I'm still trying to learn so I will be able to lead correctly. With this letter is a donation of 10 stamps. If I had more I'll give more, because I salute what MIM(Prisons) stands for. With that said our strive will continue. And the oppressor will not be able to mentally destroy any more.

P.S. Salute to the Black Panther Party 50 year commemoration. They paved the way!!