Tracking Prison Censorship in the United States

Regional Director
Gateway Complex Tower 11, 8th Floor
4th and State Avenue
Kansas City, Kansas 66101-2492

20 December 2010

Dear Regional Director,

This letter is to request an independent review of the newsletter Under Lock & Key, issues 13 (March/April 2010), 14 (May/June 2010), and 15 (July/August 2010), which were censored to prisoners held at the United States Penitentiary - Administrative Maximum in Florence, Colorado. I have included copies of the rejection notices for these publications for your reference. For your review I have also included copies of issue 13 pages 6 and I I and issue 15 pages 4-5, which were cited as reasons for the censorship. I have included the entire publication of Under Lock & Key issue 14 because the whole publication is cited as the reason for censorship.

Under Lock & Key issue 13 (March/April 2010) was censored because "the referenced pages discuss what to do with potential
infiltrators who join movements, not suitable for a prison environment." In what way is this article applicable to Bureau of Prisons Program Statement 5266. 10, Incoming Publications? In what way is an article about regarding all comrades as potential infiltrators, and combatting this tactic by controlling information flow, "detrimental to the security, good order, or discipline of the institution"? How does this "facilitate criminal activity"? I question the motives of the staff at USP-AdMax in withholding this information from their prisoners.

Regarding the censorship of Under Lock & Key issue 15 (July/August 2010), pages 4-5, a report on an incident that happened in a prison is distinctly different than providing "information on organizing food and hunger strikes." Under Lock & Key does not contain any more "information on organizing food and hunger strikes" than the New York Times. Is the New York Times also censored at USP-AdMax?

From page 4 of issue 15, "MIM(Prisons) adds: We do not think armed struggle now is a viable option for obtaining a more just society within the imperialist countries today. Therefore our strategic orientation opposes going up against the state in physical confrontations... It would be irresponsible for us to encourage prisoners to get in fights with guards." From a different article, also on page 4, "the key is to start things that can be done with smaller groups, such as lawsuits and study groups, or actions that require less commitment like petitions and fund drives." Clearly issue 15 does not "encourage violence and physical force to change conditions in a prison."

Page 5 of ULK 15 contains a report on a work/hunger strike in response to unanswered grievances regarding "open sewage around toilets and sinks, gaping holes in the shower walls, exposed plumbing, leaking roof in the living and sleeping area and the kitchen, and the constant arbitrary lockdowns." The author of the article clearly states that "the consensus was that we keep the strike peaceful." Stopping work and eating are in no way "violence or physical force to change conditions in a prison." Like I wrote above, what little information a reader may glean from these pages about how to organize a hunger strike could just as easily be gleaned from a similar article in a mainstream newspaper.

Therefore, I would like to request an independent review of issues 13, 14 and 15 of Under Lock & Key. I appreciate your effort in investigating this matter and your timely response.

Sincerely,

MIM Distributors

CC: Affected parties

Central Office Media Review Committee
Building 2
1220 Washington Avenue
Albany, NY 12226-2050

5 August 2010

Dear Sir or Madam,

A publication titled Under Lock & Key issue 13 (March/April 2010) was sent to XXX at Clinton Correctional Facility. This publication was denied because pages 1, 2, 5, 6, 9 and 10 were censored by mailroom staff. MIM Distributors did not receive a notice as to why this publication was censored.

As you know, there must be a legitimate penological interest in the censorship of incoming mail. Therefore, we are requesting (1) a detailed explanation of why this publication was denied delivery to the above mentioned prisoner, (2) an investigation into the validity of the claim that it should be denied, and (3) prompt delivery of the publication Under Lock & Key issue 13. We look forward to your timely response concerning this matter.

Sincerely,

MIM Distributors

CC: Affected parties

Linda Hollmen
Director of Education
1220 Washington Ave
Albany, NY 12226-2050

3 December 2010

Dear Director Hollmen,

On August 24, 2010 you responded to a letter from MIM Distributors regarding the newsletter titled Under Lock & Key issue 13 (March/April 2010) (ULK 13) which was denied delivery to Mr. XXX, who is a prisoner at Clinton Correctional Facility. In this letter you said that the Facility Media Review Committee (FMRC) claimed that the newsletter violates Guideline D of the Media Review Directive 4572.

Media Review Directive 4572 is applicable statewide. Thus if Clinton CF determined that ULK 13 should be censored due to Guideline D, wouldn't it also follow that other institutions under New York DOCS would come to the same conclusion? Obviously this is not the case as people received ULK 13 in Auburn Correctional Facility, Five Points Correctional Facility, Great Meadow Correctional Facility, Sing Sing Correctional Facility, and Washington Correctional Facility, among others. How is it that the FMCR at Clinton CF has a differing opinion about how Media Review Directive 4572 should be applied than all other facilities in the NY DOCS system?

These other facilities are correct to avoid using Guideline D to censor ULK 13. Using this criteria to censor ULK 13 is to allege that this newsletter "advocates and presents a clear and immediate risk of lawlessness, violence, anarchy, or rebellion against governmental authority" which according to Directive 4572 "is unacceptable." I am having a difficult time understanding exactly what about ULK 13 is even remotely relevant to Guideline D. Considering the fact that neither you, the FMRC, or any other staff at Clinton CF has pointed to any specific part of ULK 13 that may "advocate and present a clear and immediate risk of lawlessness, violence, anarchy, or rebellion against government authority," it should be understandable that I am confused. Especially because this claim is completely false, and there is nothing in ULK 13 that violates Guideline D.

It is true that ULK 13 is a revolutionary newsletter. However, that fact alone does not present a "clear and immediate risk of lawlessness, violence, anarchy, or rebellion against governmental authority," one that would justify a violation of Mr. XXX's and MIM Distributor's First Amendment right to free speech. As an example, on page 2 of the newsletter in question, there is a box titled "What is MIM(Prisons)?" which clearly states "MIM(Prisons) and its publications explicitly oppose the use of armed struggle at this time in the imperialist countries (including the United States)." The content of the rest of the newsletter is much of the same.

In conclusion, I am requesting (1) an explanation of exactly what element of Under Lock & Key issue 13 applies to Guideline D of the Media Review Directive 4572, (2) a reversal of this decision made by Clinton CF mailroom staff and upheld by the Facility Media Review Committee, (3) and the immediate delivery of Under Lock & Key issue 13 to Mr. XXX. In addition, I would like to request (4) an investigation into why Clinton CF mailroom staff have a different application of Directive 4572 than any other prison in the NY DOCS system, and (5) the end to tampering with communications between MIM Distributors or MIM(Prisons) with prisoners held at Clinton CF.

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

Sincerely,

MIM Distributors

CC: Affected parties

Warden Catherine S. Bauman
Industrial Park Drive
P. O. Box 600
Munising, MI 49862

20 December 2010

Dear Warden Bauman,

This letter is regarding the consistent censorship of the newsletter Under Lock & Key from MIM Distributors to prisoners held in Alger Correctional Facility by mailroom staff person T. Immel. Immel alleges that Under Lock & Key (May/June 2010) issue 14, (July/August 2010) issue 15, and (September/October 2010) issue 16 all should be censored pursuant to PD 05.03.118 for the reason "mail advocating or promoting violence, group disruption or insurrections is prohibited."

Immel has been censoring Under Lock & Key even though page 2 of all issues clearly states:

"Our current battles in the United States are legal ones. We encourage prisoners to join these battles while explicitly discouraging them from engaging in any violence or illegal acts. MIM(Prisons) and its publications explicitly oppose the use of armed struggle at this time in the imperialist countries (including the United States)."

Ironically page 2 is consistently cited as a sample page that "promotes unrest and insurrection" on these rejection notices. In addition to page 2, the articles published on pages 1-16 follow this same logic. This newsletter does not promote violence, group disruption or insurrection.

Policy Directive 05.03.118 is a statewide policy that applies to all facilities in the Michigan Department of Corrections. Yet Immel is the only mailroom staff person who believes that Under Lock & Key in any way should be censored per PD 05.03.118. How is this possible? Is the mailroom staff employed at Baraga Max Correctional Facility, Gus Harrison Correctional Facility, Kinross Correctional Facility, Mound Correctional Facility, among others, incompetent in the correct application of PD 05.03118? Or, more likely, is the mailroom staff at Alger Correctional Facility, T. Immel in particular, incorrectly applying this Policy Directive?

In light of the above facts, I would like to request an independent review of the newsletters Under Lock & Key issues 14, 15, and 16 by an objective third party to determine their relationship to PD 05.03.118.

I appreciate your effort in investigating this matter and your timely response. For your convenience I have included with this letter copies of the rejection notices in question and the sample pages cited.

Sincerely,

MIM Distributors

CC: Affected parties

Fred Britten, Warden
Tecumseh State Correctional Institution
P.O. Box 900
Tecumseh, NE 68450-0900

28 November 2010

Dear Warden Britten,

On 16 November 2010 your designee C. Tetem denied delivery of mail from MIM Distributors to Mr. XXX because allegedly "The mail contains threats of physical harm against a person, threats or plans of criminal activity, threats of blackmail or extortion, promotes gang activities, advocates or describes participation in illegal activities." This is a broad, sweeping claim to be made for 6 pages of information, with no specific example given as to where, if anywhere, this violation of Nebraska DOC policy exists.

The contents of this envelope included an invitation to our study groups, a guide to writing articles for the publication Under Lock & Key, and an article titled "We Want Peace! They Want Security." Is participating in a study group classified as "criminal activity" in Nebraska? Or is advocating that prisoners file grievances against torture, physical abuse, lack of medical care, censorship, etc, while explicitly discouraging prisoners from engaging in illegal activities classified as "criminal activity" in Nebraska? I don't think so.

I believe that the claim by C. Tetem is misplaced and incorrect. Therefore, I am requesting a reversal of the decision made by C. Tetem, and for this letter to be allowed at Tecumseh State Correctional Institution. I have included all of the contents of the letter in question that was sent to Mr. XXX.

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

Sincerely,

MIM Distributors

CC: Affected parties

Warden Anthony Hedgpeth
Salinas Valley State Prison
PO Box 1020
Soledad, CA 93960-1020

7 December 2010

Dear Warden Hedgpeth,

On 21 August 2010 I wrote to you regarding the ongoing censorship of mail from MIM(Prisons) to prisoners held at Salinas Valley State Prison. In response to this 21 August letter, you wrote to me on 9 September 2010 and claimed that "on September 9, 2010, Correctional Lieutenant P. Sullivan spoke with Mailroom Assistant Lisa Matsuno regarding the MIM Distributors. Ms. Matsuno informed Lieutenant Sullivan that Mailroom Staff received On the Job Training to allow MIM Publications into the institution. Ms. Matsuna stated that MIM Distributors publications are being allowed into the institution without delay and no mail from this distribution has been returned."

Ms. Matsuno is correct to say that no mail has been returned to MIM Distributors from mailroom staff at Salinas Valley State Prison, but it is a lie that mail from MIM Distributors has been allowed into SVSP without delay or censorship. In the months prior to my 21 August letter, all the way through September all forms of mail (letters and newsletters) from MIM Distributors have disappeared without a trace in the SVSP mailroom.

On 25 September MIM Distributors mailed the newsletter Under Lock & Key issue 16 (September/October 2010) to several prisoners held at SVSP. Recently we received confirmation from these prisoners that the have not received this newsletter, and were not informed by mailroom staff that it was being delayed, returned, or censored. It was also not returned to MIM Distributors.

It is clear that Ms. Matsuno was incorrect to say that there are no problems with mail coming from MIM Distributors. This letter is to document the continued lies and illegal behavior of you and your staff. We recently sent in Under Lock & Key issue 17 (November/December 2010) to several prisoners held at SVSP. We look forward to investigating how this newsletter is handled.

Sincerely,

MIM Distributors

CC: Affected parties

I appealed the rejection of ULK 14 and DOC HQ ruled in my favor, and remanded saying that SCI-Mahanoy staff denied #14 without due cause. Warden John Kerestes said it was originally denied for page 5.

see 10/17/10 documentation

Mary L. Nelson
Secretary of Corrections
900 SW Jackson St
Topeka, KS 66612

3 December 2010

Dear Secretary Nelson,

On 5 October 2010 the newsletter Under Lock & Key issue 16 (September/October 2010) was censored in the Kansas DOC system.The reason given for this censorship was KAR 44-12-601, Threat to institutional safety, order, or security. This letter is to protest the decision to censor Under Lock & Key issue 16 on the grounds that it does not present a threat to institutional safety, good order, or security. If the decision to censor is upheld, I would appreciate a clear explanation of what part of this newsletter applies KAR 44-12-601.

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

Sincerely,

MIM Distributors

CC: Affected parties