MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Pennsylvania DOC
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050
Re: Appeal of Censorship of Publication
Under Lock & Key Issue UNKNOWN
To Whom It May Concern:
We are in receipt of an undated Unacceptable Correspondence Form relating to prisoner notification of censorship (hereinafter, “Notice”) related to an unknown issue of Under Lock & Key (hereinafter, “ULK”). Accordingly, as we have not received official notification of censorship from the Pennsylvania Department of Corrections citing no reasons for censorship or identifying a specific publication, this appeal is timely.
While in the normal course of notification, the publisher or distributor need only be notified of the censorship on one occasion, we have yet to be notified as required. Further, the language of the Notice referring to “Denied MIM Publication” gives all appearances of a blanket ban on ULK and other MIM(P) publications, in direct violation of the requirement for individualized assessment of each publication. Such a blanket ban in unconstitutional on its face.
The issue referenced of ULK was censored alleging the material was in violation of PADOC DC-ADM 803. The Notice provides no reasons for or specific references to objectionable content. Further the Notice does not reference any issue of ULK or otherwise name the publication being rejected, supporting a reasonable basis to believe a blanket ban is in place.
As to the notice provided to Mr. X, but not to MIM Distributors, we demand that, consistent with our First Amendment rights, you provide notice of censorship specifying the reasons for censorship and the title of the publication being censored within fifteen (15) days of receipt of this letter.
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).
The censorship notices provided to Mr. X provides no information upon which an appeal may be based. Further review by your agency will likely show that no objectionable content exists in the unknown publication and therefore we require the publication be delivered to Mr. X forthwith. We also require notification that such action has been taken, to include the title of the publication.
Please govern yourselves accordingly.
Sincerely,
MIM Distributors
03/06/2018
Office of Policy, Grants and Legislative Affairs claims prisoner received the publication Download Documentation
Pennsylvania DOC
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
To Whom It May Concern:
We are in receipt of your correspondence dated August 11, 2017 relating to publisher notification of censorship (hereinafter, “Notice” and referring only to Mr. XX) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”). However, we were also notified by Mr. YY of censorship of the same issue, but for different reasons. Accordingly, as we have not received official notification of censorship from the Pennsylvania Department of Corrections concerning the reasons cited in reference to Mr. YY, this appeal is timely.
While in the normal course of notification, the publisher or distributor need only be notified of the censorship on one occasion, our position is that when such censorship cites any differing reasons for censorship separate notifications are required.
The issue referenced of ULK was censored alleging the material was in violation of PADOC DC-ADM 803. The Notice cited to page eleven (11) of ULK and stated “advocates solidarity.” However, the citation to those portions of ULK are vague and provide no clear identification of content alleged to have violated PADOC DC-ADM 803. A review of PADOC DC-ADM 803 shows that the word “solidarity” is mentioned nowhere in the policy and is clear on its face that “advocat[ing] solidarity” is not. Page 11 clearly and unequivocally promotes only peaceful solidarity. Solidarity is defined as “union or fellowship arising from common responsibilities and interests, as between members of a group or between classes, peoples, etc.”1 One need only conduct a simple Internet search to locate correctional officers acting in solidarity.(2)
As to the notice provided to Mr. YY, but not to MIM Distributors, we demand that, consistent with our First Amendment rights, you provide notice of censorship for the reasons set forth in Mr. YY’s notice within fifteen (15) days of receipt of this letter.
While reserving our right to appeal the second censorship decision, we would note that the notice sent to Mr. YY alleges a verbatim quote as the reason for censorship. “[T]he strip searches in the PA DOC are only for harassment purposes and we the people need to learn to fight and take a stand against the ‘pigs’ in the prisons.” These words in this quote appear nowhere in the cited pages or the entire publication. This alone requires the censorship decision to be vacated, as the decision cannot be supported based on words authored by the censor and not the publication
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).
We request the decision of the Incoming Publications Review Committee be vacated and issue 57 of Under Lock & Key be forwarded to those prisoners to whom it was addressed. The censorship notices provided to either MIM Distributors or Mr. XX make sufficient allegations of content which withstands scrutiny and must be vacated.
You may reply to the address listed.
Sincerely,
MIM Distributors
09/19/2017
PA DOC reverses censorship decision
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Re: Under Lock & Key #57, July/August 2017
This is to notify you that the publicaiton in issue does not violate Department Policy. As such, the decision of the correctional institution is reversed and the inmates in the PA Department of Corrections will be permitted to receive the publication. The correctional institutions will be notified by the Policy Office of the decision.
Pennsylvania DOC
Office of Policy, Grants and Legislative Affairs
1920 Technology Parkway
Mechanicsburg, PA 17050
Re: Appeal of Censorship of Publication
Under Lock & Key Issue 57
To Whom It May Concern:
We are in receipt of your correspondence dated August 11, 2017 relating to publisher notification of censorship (hereinafter, “Notice” and referring only to Mr. XX) related to the above referenced issue of Under Lock & Key (hereinafter, “ULK”). However, we were also notified by Mr. YY of censorship of the same issue, but for different reasons. Accordingly, as we have not received official notification of censorship from the Pennsylvania Department of Corrections concerning the reasons cited in reference to Mr. YY, this appeal is timely.
While in the normal course of notification, the publisher or distributor need only be notified of the censorship on one occasion, our position is that when such censorship cites any differing reasons for censorship separate notifications are required.
The issue referenced of ULK was censored alleging the material was in violation of PADOC DC-ADM 803. The Notice cited to page eleven (11) of ULK and stated “advocates solidarity.” However, the citation to those portions of ULK are vague and provide no clear identification of content alleged to have violated PADOC DC-ADM 803. A review of PADOC DC-ADM 803 shows that the word “solidarity” is mentioned nowhere in the policy and is clear on its face that “advocat[ing] solidarity” is not. Page 11 clearly and unequivocally promotes only peaceful solidarity. Solidarity is defined as “union or fellowship arising from common responsibilities and interests, as between members of a group or between classes, peoples, etc.”1 One need only conduct a simple Internet search to locate correctional officers acting in solidarity.(2)
As to the notice provided to Mr. YY, but not to MIM Distributors, we demand that, consistent with our First Amendment rights, you provide notice of censorship for the reasons set forth in Mr. YY’s notice within fifteen (15) days of receipt of this letter.
While reserving our right to appeal the second censorship decision, we would note that the notice sent to Mr. YY alleges a verbatim quote as the reason for censorship. “[T]he strip searches in the PA DOC are only for harassment purposes and we the people need to learn to fight and take a stand against the ‘pigs’ in the prisons.” These words in this quote appear nowhere in the cited pages or the entire publication. This alone requires the censorship decision to be vacated, as the decision cannot be supported based on words authored by the censor and not the publication
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).
We request the decision of the Incoming Publications Review Committee be vacated and issue 57 of Under Lock & Key be forwarded to those prisoners to whom it was addressed. The censorship notices provided to either MIM Distributors or Mr. XX make sufficient allegations of content which withstands scrutiny and must be vacated.
You may reply to the address listed.
Sincerely,
MIM Distributors
09/19/2017
PA DOC reverses censorship
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Re: Under Lock & Key #57, July/August 2017
This is to notify you that the publicaiton in issue does not violate Department Policy. As such, the decision of the correctional institution is reversed and the inmates in the PA Department of Corrections will be permitted to receive the publication. The correctional institutions will be notified by the Policy Office of the decision.
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
04/27/2017
Prison denies prisoner appeal
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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.
