MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Director of Rehabilitative Programs and Services
North Carolina Department of Public Safety, Prisons
MSC 4221
Raleigh, NC 27699-4221
12 March 2017
RE: censorship of Under Lock & Key No. 54
Dear Sir/Madam,
This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of Under Lock & Key No. 54, Jan/Feb 2017. While the original letter is dated 23 February, it was not mailed until 3 March and just arrived here this week. The reason given for the censorship was that the “Last paragraph [on p. 14] advocates for prison violence if necessary.”
The article overall promotes the avoidance of violence. The recognition that pacifism is not appropriate in all situations is certainly something the NCPDS agrees with. NCPDS staff regularly resort to violence “when necessary.” Therefore the mere mention that violence is necessary sometimes should not be a reason to censor the printed words in Under Lock & Key. I am requesting a review of this decision and that you please deliver the newsletter in question to the subscribers held by NCDPS.
Thank you for your time and attention in this matter,
Director of Rehabilitative Programs and Services
North Carolina Department of Public Safety, Prisons
MSC 4221
Raleigh, NC 27699-4221
12 March 2017
RE: censorship of Under Lock & Key No. 54
Dear Sir/Madam,
This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of Under Lock & Key No. 54, Jan/Feb 2017. While the original letter is dated 23 February, it was not mailed until 3 March and just arrived here this week. The reason given for the censorship was that the “Last paragraph [on p. 14] advocates for prison violence if necessary.”
The article overall promotes the avoidance of violence. The recognition that pacifism is not appropriate in all situations is certainly something the NCPDS agrees with. NCPDS staff regularly resort to violence “when necessary.” Therefore the mere mention that violence is necessary sometimes should not be a reason to censor the printed words in Under Lock & Key. I am requesting a review of this decision and that you please deliver the newsletter in question to the subscribers held by NCDPS.
Thank you for your time and attention in this matter,
Faye Daniels, Superintendent III
Pamlico Correctional Institution
601 North Third St.
Bayboro, NC 28515
24 December 2016
RE: censorship of mail
Dear Sir/Madam,
I have just received your “Notice to Inmate, Addressee/Sender of Mail Censorship & Appeal/Waiver Form” dated 12 December 2016. The censored contents are described as “One (1) newsletter – Contraband” and the reason given is that “newsletter promoting prisoner work stopages and additional anti-authority activities is not authorized as personal property.” While the item censored is not specified, I'm assuming it was issue 53 of Under Lock & Key, mailed to Mr. XXXXXX on 5 December 2016. I am requesting a review of your decision to censor the mail in question.
The law only allows a restriction on the First Amendment right to free speech of a publisher if it poses a direct threat to legitimate penological interests within the prison (see Turner v. Safley, 482 U.S. 78, 89-90 (1987)). While you do not specify what content you found objectionable, every issue of Under Lock & Key is very clear in that it does not promote breaking any laws or causing of violence. The state of North Carolina cannot legally censor material because it expresses ideas that criticize political or economic institutions or that are “anti-authority.”
In light of this, I hope you will see it as appropriate to repeal this decision to censor ULK, and deliver the mail to Mr. XXXXXX.
01/20/2017
Censorship upheld because calling Control Units torture could lead to insurrection Download Documentation
NCPDS notifies MIM Distributors of censorship
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Code D
Page Number(s): 24
Reason for Disapproval: Survey promotes possible disorder against prison security
01/14/2017
MIM Distributors appeals
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Director of Rehabilitative Programs and Services
North Carolina Department of Public Safety, Prisons
MSC 4221
Raleigh, NC 27699-4221
14 January 2017
RE: censorship of Under Lock & Key No. 53
Dear Sir/Madam,
This is in response to a Letter to Publisher from Doug Pardue, notifying MIM Distributors of the disapproval of Under Lock & Key No. 53, Nov/Dec 2016. The reason given was that the “Survey [on p.24] promotes possible disorder against prison security.”
The survey in question is merely asking prisoners to report facts about their facility regarding the use of solitary confinement. How this could be a legally justifiable reason to censor MIM Distributors' mail is beyond me. I am requesting a review of this decision and that you please deliver the newsletter in question to the subscribers held by NCDPS.
Thank you for your time and attention in this matter,
Director of Rehabilitative Programs and Services
North Carolina Department of Public Safety, Prisons
MSC 4221
Raleigh, NC 27699-4221
23 September 2016
RE: censorship of Under Lock & Key No. 51
Dear Sir/Madam,
This letter is in response to the Letter to Publisher, dated 2 September 2016, and received on 9 September 2016, from Publication Review Committee Chair, Doug Pardue. Once again, Mr. Pardue claims that Under Lock Key "encourages insurrection and disorder." For the latest issue he cites the article "Sept. 9 Day of Peace and Solidarity 2016" on page 1 of issue 51.
The Day of Peace and Solidarity is the opposite of violence and disorder.
As I reiterate with your office every two months, Under Lock & Key explicitly opposes prisoners taking up violence or insurrection in every issue. The continued claims that ULK promotes insurrection and disorder in every issue do not seem connected to the objectives of your department.
I am requesting that upon review of this incident that you will keep ULK 51 off of the list of banned publications, and deliver the copies that we have mailed to each subscriber held in your institutions. Recent decisions by your office to overturn censorship by the Publication Review Committee seem to have no practical application when subscribers still do not receive their issues of Under Lock & Key.
10/20/2016
Director Sullivan upholds censorship because article mentions work stoppages and fasts in the past Download Documentation
Prior to NCDPS notifying MIM Distributors, the subscriber filed an appeal at this institution.
07/18/2016
MIM Distributors filed an appeal with the central office
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Director of Rehabilitative Programs and Services
North Carolina Department of Public Safety, Prisons
MSC 4221
Raleigh, NC 27699-4221
17 July 2016
RE: censorship of Under Lock & Key No. 50
Dear Sir/Madam,
This letter is in response to the Letter to Publisher, dated 5 July 2016, from Publication Review Committee Chair, Doug Pardue. It states that Under Lock Key issue 50 has been censored for “encourages insurrection and disorder” on p.8.
The article on page 8 discusses the history of the Black Panther Party and in particular its practice of patrolling the police in the Black community as a means of protecting people from potentially deadly interactions, a problem that continues to plague our society today. In no part of the analysis does it encourage insurrection or disorder within the institutions of the NCDPS. It promotes order in the oppressed communities.
As I reiterate with your office every two months, Under Lock & Key explicitly opposes prisoners taking up violence or insurrection in every issue. The continued claims that ULK promotes insurrection and disorder in every issue do not seem connected to the objectives of your department.
I am requesting that upon review of this incident that you will keep ULK 50 off of the list of banned publications, and deliver the copies that we have mailed to each subscriber held in your institutions.
08/01/2016
Director overturns decision stating "inflammatory language" "does not advocate insurrection..." Download Documentation
Before the official notice was sent to MIM Distributors, this subscriber received notification of the disapproval and filed an appeal. People at this prison recently staged a hunger strike and successfully negotiated to be able to receive the publications they want. But the struggle continues.
07/18/2016
MIM Distributors filed an appeal with the central office
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Director of Rehabilitative Programs and Services
North Carolina Department of Public Safety, Prisons
MSC 4221
Raleigh, NC 27699-4221
17 July 2016
RE: censorship of Under Lock & Key No. 50
Dear Sir/Madam,
This letter is in response to the Letter to Publisher, dated 5 July 2016, from Publication Review Committee Chair, Doug Pardue. It states that Under Lock Key issue 50 has been censored for “encourages insurrection and disorder” on p.8.
The article on page 8 discusses the history of the Black Panther Party and in particular its practice of patrolling the police in the Black community as a means of protecting people from potentially deadly interactions, a problem that continues to plague our society today. In no part of the analysis does it encourage insurrection or disorder within the institutions of the NCDPS. It promotes order in the oppressed communities.
As I reiterate with your office every two months, Under Lock & Key explicitly opposes prisoners taking up violence or insurrection in every issue. The continued claims that ULK promotes insurrection and disorder in every issue do not seem connected to the objectives of your department.
I am requesting that upon review of this incident that you will keep ULK 50 off of the list of banned publications, and deliver the copies that we have mailed to each subscriber held in your institutions.
08/01/2016
Director overturns decision stating "inflammatory language" "does not advocate insurrection..." Download Documentation
a prisoner at Marion reports that comrades from different organizations came together to address the ongoing censorship problem with the administration, who promised changes. The prisoners are still waiting.
MIM Distributors appeals censorship decision
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Assistant Section Chief
Support Services
4260 Mail Service Center
Raleigh, NC 27699-4260
12 February 2016
RE: censorship of Under Lock & Key No. 47
Dear Sir/Madam,
I have just received your Letter to Publisher, notifying us of the censorship of Under Lock Key No. 47, which was mailed out to people on 11 December 2015. I am requesting a review of that decision to censor ULK 47.
Publication Review Committee Chair Shane Tharrington cites page 1 as objectionable as it “Encourages insurrection and disorder.” He seems to be copying and pasting from Fay Lassiter's book who falsely claimed that every issue of Under Lock & Key did so over a period of more than 3 years.
What Mr. Tharrington is missing is that the law only allows a restriction on the First Amendment right to free speech of a publisher if it poses a direct threat to legitimate penological interests within the prison (see Turner v. Safley, 482 U.S. 78, 89-90 (1987)). The discussion of historical figures on page 1, many of whom ended up in prison, is not call to insurrection in North Carolina prisons. It is merely a discussion of history from a certain political perspective.
As I've stated previously, every issue of Under Lock & Key promotes peace, organization and legal campaigns as means of addressing the abuse of prisoners. This is the opposite of encouraging “insurrection and disorder.”
In light of this, I hope you will see it as appropriate to repeal this decision to censor ULK 47, and deliver copies to each subscriber held in your institutions.
Assistant Section Chief
Support Services
4260 Mail Service Center
Raleigh, NC 27699-4260
15 September 2015
RE: censorship of Under Lock & Key No. 45
Dear Sir/Madam,
Once again I am requesting a review of the decision of the Publication Review Committee Chair, Fay Lassiter, to censor Under Lock & Key. The reason given in her 3 September 2015 letter was that issue 45 “encourages insurrection and disorder.” At no point does Under Lock & Key No. 45 encourage insurrection nor does it encourage disorder. Despite Ms. Lassiter's banning of every issue of Under Lock & Key for four years straight, every issue promotes peace, organization and legal campaigns as means of addressing the abuse of prisoners. This is the opposite of encouraging “insurrection and disorder.”
It is illegal for you to censor mail that does not pose an actual threat to safety. Please recognize this, and rescind the decision to censor Under Lock & Key No. 45.
couldn't put up a proper argument because I wasn't able to read or even scan through the material before I appealed.
06/30/2015
MIM Distributors appealed censorship based on letter they received
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Assistant Section Chief
Support Services
4260 Mail Service Center
Raleigh, NC 27699-4260
30 June 2015
RE: censorship of Under Lock & Key No. 43 & 44
Dear Ms. Bostic,
This letter is to request:
1) That you honor my request for a review of the censorship of Under Lock & Key No. 43, which I wrote you about thirty (30) days ago.
2) That you review the most recent decision to censor Under Lock & Key No. 44, per my letter below.
On 27 June 2015, a letter arrived for MIM Distributors, from the Publication Review Committee Chair Fay Lassiter notifying them of the disapproval of issue 44 (May/June 2015) of the newsletter Under Lock & Key. The letter gives the reason of “code I”, citing page 8 for the reason of “depicts correctional staff in a negative manner.” The article in question reports on physical abuse prisoners in Ohio faced at the hands of correctional officers.
As I'm sure you are aware, the state is prohibited from censoring the media for the reason that said media is critical of the state's actions or policies. That is the primary purpose of the First Amendment to the Constitution and the institution of a free press. Therefore, it would be a violation of Federal law for your department to follow through with this censorship.
MIM Distributors appeals censorship on First Amendment
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Assistant Section Chief
Support Services
4260 Mail Service Center
Raleigh, NC 27699-4260
30 June 2015
RE: censorship of Under Lock & Key No. 43 & 44
Dear Ms. Bostic,
This letter is to request:
1) That you honor my request for a review of the censorship of Under Lock & Key No. 43, which I wrote you about thirty (30) days ago.
2) That you review the most recent decision to censor Under Lock & Key No. 44, per my letter below.
On 27 June 2015, a letter arrived for MIM Distributors, from the Publication Review Committee Chair Fay Lassiter notifying them of the disapproval of issue 44 (May/June 2015) of the newsletter Under Lock & Key. The letter gives the reason of “code I”, citing page 8 for the reason of “depicts correctional staff in a negative manner.” The article in question reports on physical abuse prisoners in Ohio faced at the hands of correctional officers.
As I'm sure you are aware, the state is prohibited from censoring the media for the reason that said media is critical of the state's actions or policies. That is the primary purpose of the First Amendment to the Constitution and the institution of a free press. Therefore, it would be a violation of Federal law for your department to follow through with this censorship.
Assistant Section Chief
Support Services
4260 Mail Service Center
Raleigh, NC 27699-4260
31 May 2015
RE: censorship of Under Lock & Key No. 43
Dear Ms. Bostic,
This letter is in response to a letter dated 5/19/15, postmarked 5/28/2015, from the Publication Review Committee Chair Fay Lassiter regarding the disapproval of issue 43 (March/April 2015) of the newsletter Under Lock & Key. I am writing to obtain an independent review of this decision.
The letter to publisher cites page 9 of the newsletter as the source of the problem, with the reason for censorship being “encourages violence and insurrection.” Ironically, the article on page 9 is about prisoners in Georgia who were peacefully refusing food in protest of violations of their First, Eighth and Fourteenth Amendment rights. Such peaceful actions are organized in a conscious effort to avoid any kind of violence or insurrection. It is troublesome that someone in your department felt that it was justified to violate the First Amendment rights of MIM Distributors in order to suppress information about people organizing peacefully against the violation of Constitutional rights. As a government official, the person making this decision has sworn to uphold the very Constitution that these people in Georgia are working to have upheld themselves.
In light of this obvious misuse of the words “violence” and “insurrection” I hope that you will overturn this decision to censor Under Lock & Key No. 43 in North Carolina prisons. I look forward to your response.