Tracking Prison Censorship in the United States

It is a blatant falsehood that Issue #55 of Under Lock and Key advocates Pennsylvania prisoneres to participate in a work stoppage project. The censorship or publication violates publisher's 1st amendment right to communicate with grievant and grievant's right of freedom of speech and association. see exhibit #1

I am in receipt of your greivance and have consulted with appropriate staff while reviewing the publication. The publication you reference, Under Lock and Key (march/April 2017), was denied due to an article referencing issues detrimental to the security of this facility. I have personally reviewed pages 20, 21 and 24 of the publication and can state that the article specifically poses a risk to facility security and encourages unauthorized group activity.

Your continued assertion that decisions by the IPRC are racially motivated hold no merit and are completely unfounded. As always, should you disagree with a decision rendered by IPRC and this writer, you h ave a final appeal level to Central Office.

Based on what is noted above, it is my decision to uphold the review committee's decision. I find that this grievance has no merit and is therefore denied.

Signed: Facility Manager

[this letter was sent to Deputy Superintendent Stephen Kennedy, 2405 Main St, S. Walpole, MA 02071]

Re: Contraband #3 4-11-17 MIM Distributor's (news)

Deputy Kennedy,

Once again your subordinate in the mail room has decided once again he doesn't like news article and this time he said (unauthorized material) in February he state an article (STG related) the last one he stated controversial statement.

I will repeat what I said the last time your subordinate is continuing to contraband mail that is not STG related and is being sent by minority organizations of Black/Latino/Asian backgrounds. I have never had this problem until this person was placed in the mail room. His actions and what he claims why he is doing it is nothing but fascism and racism against minority oriented newspapers/letters.

Thus forth violating my First Amendment right in which you are aware of. And you should know even in prison that right still exist. I also made a call or two and was told by two people mail sent to me was sent to (me) looked purposely (ripped). This is as I stated earlier fascism and you are allowing it to continue and I know I am not the only person in Walpole complaining about this person dealing with prisoner's mail his fascist racial opinions he should keep to hisself and just because the information I receive is Black oriented doesn't mean it's STG related. Your c/o has racial bias issues.

And what sense does it make when that same news article he claims is an article that can cause prison issues is just another fascism tactic to stop me from learning more than what's on the news. And you are condoning it because as I stated I am not on mail monitoring never had nor will so you can't say it's just policy to read all my mail or other people this is not a federal institution. He's going out of his way to obstruct/hinder my first amendment right of freedom of speech.

Radio/TV/internet: Talk about the same issues in the stuff he's contraband but the newspaper doesn't leave anything out. You will allow publications/newspapers (white) were trump talks about deportation of all illegals and of (racist cops) killing my bros/sisters and have books in your library about slavery and hanging. But won't allow a newspaper not STG related just because the organization is minority. Once again this is the 3rd time he's did it anybody with common sense can see clearly what it is.

page numbers: all, 21
This newsletter is a safety and security risk to the operation of the facility with the articles throughout the newsletter

Statewide rejected
Notice sent to offender 6/2/2017

Dir Sir or Madame:

I am ... confined in the Michael Unit of the TDCJ.

On 3/16/17 I received from the Michael Unit mailroom a "Publication Review/Denial Notification" refusing to deliver to me the above-referenced publication based upon a finding that "it contains material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of prisons through offender disruption such as strikes, riots, or security threat group activity." At the place for Remarks, "Pg. 13 contains info that could cause a prison strike and prison disruption."

Instead of seeking the least restrictive measures of censorship, like, for example, marking out the offensive language, they refused to deliver the publication summarily citing to TDCJ-ID policy and procedure BP-03.91, the same rule used to reject delivery of biblically-based religious materials sent to me by my sister.

I appealed the denial to the Director's Review Committee (DRC) whose address is PO Box 99, Huntsville, TX 77342-0099. On 3/29/17 I received the "DRC Approved/Upheld Denial on 3-28-17." However, that denial was not signed so I have no idea who is personally responsible and accountable or if this is - as commonplace - a summary, arbitrary, and capricious disposition of my appeal, similar to the practices generally experienced when using the TDCJ-ID administrative grievance process required by the Prison Litigation Reform Act.

Nevertheless, I will not be receiving the publication, and, notwithstanding my notice of anticipated litigation to prison authorities, am notified that "the publication will be destroyed within 60 days of the initial denial." And, again, I am not notified of the identity of the person(s) who will engage in this illegally destructive and criminally culpable conduct designed to deny and impede my rights both to the publication and access to the courts. Thus far, my efforts to report the criminal acts and conduct to civilian law enforcement authorities and the State and Federal prosecutors' office under Texas Penal Code, Section 39.04 and Title 18 U.S. Code Section 242, have proven to be futile.

Accordingly, I am asking you to engage your expertise and resources in the litigation of this unlawful censorship to which you have standing to complain and request that you name me as a complaining party litigant. The proper venue is in the U.S. District Court for the Eastern District of Texas sitting at Tyler, Texas.

I will at all times make myself available to you and to any legal representative whom you choose. I retain all evidence of my claims but, as I'm sure you know, is subject to confiscation, loss and destruction by prison officials and their employees.

In closing, I am reminded of a passage I read somewhere. "Acts without words are open to all kinds of interpretation and words without acts are hollow promises [or just lies]," The ball is now in your park. I need your help. Anxiously awaiting your response.