Tracking Prison Censorship in the United States

December 21, 2018

Pennsylvania Department of Corrections
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050

Re: Appeal of Censorship of Publication
Under Lock and Key Issue 64
Censorship Guide

Prisoner XXX


To Whom It May Concern:

On November 2, 2018 we mailed the Censorship Guide, in letter form, to Smart Communications in Florida per the PADOC guidelines addressed to Mr. XXX. The letter was returned to us, stamped “Return to Sender” and had been opened and taped shut. There was no notice of censorship or reason for the return of the letter.

We also mailed Under Lock and Key (ULK), issue 64, to Mr. XXX directly to the prison as was the policy until the end of 2018. ULK 64 was returned to us marked “Refused” with no other explanation.

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).

At this point we are unable to communicate with Mr. XXX, in violation of our First Amendment rights. Your policies as listed on the FAQ portion (https://www.cor.pa.gov/family-and-friends/Pages/Mailing-Addresses.aspx) of the PADOC website are vague and failed to list the Secure Processing Center. Though it does appear the SPC address is now listed on other sections of your website.

Nonetheless, your policies, in the current manner they have been carried out, are an ongoing violation of our rights. You must immediately process our mail to all PADOC inmates and provide censorship notices, if applicable. Failure to do so may result in litigation to enforce our rights.

Please govern yourselves accordingly.


Sincerely,

MIM Distributors

September 1, 2018

Pennsylvania Department of Corrections
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050

Re: Appeal of Censorship of Publication
Under Lock & Key Issue July/August 2018 Issue 63


To Whom It May Concern:

We are in receipt of your August 9, 2018 notification of censorship (hereinafter, “Notice”) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”).

The Notice states the objectionable content “advocates and calls for solidarity among prisoners on September 9.”

The Notice states the objectionable content also relates to “depicts female officers in negative manner” on page nine of ULK. The editorial context is clear that the publication takes a strong stand that women “should not be subject to sexual harassment.” A writer’s negative view of prison staff is not a valid reason for censorship. Content which is unpopular or repugnant does not allow for censorship. Thornburgh v. Abbotti, 490 U.S. 401, 404-05, 414-19 (1989).

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 yourselves accordingly.


Sincerely,


MIM Distributors

Mailing Date of this Decision: September 12, 2018

RE: Under Lock and Key, July/August 2018, #63

This is to notify you that your appeal is late and is dismissed on that basis. As such, it violates Department policy for the reason previously stated.

Policy Office
PA Department of Corrections

September 1, 2018

Pennsylvania Department of Corrections
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050

Re: Appeal of Censorship of Publication
Under Lock & Key Issue July/August 2018 Issue 63


To Whom It May Concern:

We are in receipt of your August 9, 2018 notification of censorship (hereinafter, “Notice”) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”).

The Notice states the objectionable content “advocates and calls for solidarity among prisoners on September 9.”

The Notice states the objectionable content also relates to “depicts female officers in negative manner” on page nine of ULK. The editorial context is clear that the publication takes a strong stand that women “should not be subject to sexual harassment.” A writer’s negative view of prison staff is not a valid reason for censorship. Content which is unpopular or repugnant does not allow for censorship. Thornburgh v. Abbotti, 490 U.S. 401, 404-05, 414-19 (1989).

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 yourselves accordingly.


Sincerely,


MIM Distributors