Under Lock & Key

I am in receipt of your introductory letter to the Prisoners’ Legal Clinic and a copy of my edited article that’s published on your website. Since the publication of the article, the prisoner who had previously been denied schooling is now enrolled. Your efforts and exposure had a positive impact!

Unfortunately, the other materials you have sent, Under Lock & Key, the study group materials, etc., continue to be censored. I’m awaiting the final decision of the Publication Review Committee, so I may send you their notice should you choose to file a lawsuit challenging the censorship.

With the appeal of my conviction for Encouraging a Group Demonstration being decided against me, I am not permitted a prison job. While I did not expect a favorable decision, I was stunned that the final arbiter explicitly admitted that I am punished, “Not for what you did, but for why you did it.”

Of course the U.$. Constitution guarantees freedom of belief and speech. And the United Snakes Supreme Clout whose “justices” are the final interpreters of the constitution of the United Snakes have repeatedly ruled “[N]o citizen may be punished for his beliefs but only for his actions.”

My point is, I was “convicted” inside the gulag for “encouraging prisoners to refrain from commissary purchases.” This action is not a violation of the rules because no prisoner is required to purchase commissary. So the reasons that I encouraged prisoners not to purchase commissary - or my beliefs - are supposed to be immune from punishment. Yet the Virginia Department of Corruptions explicitly stated I was punished not for what I did but for why I did it.

I’m having the decision of the Virginia Department of Corruptions reviewed by some associates for consideration of filing a lawsuit. But to be frank, it has been my experience that for a prisoner in the gulag, the Constitution of the United States is most useful only when my roll of toilet paper is empty.

A paper document has no power. Ask the crime victims who’ve been beaten by the perpetrators who stepped across the boundaries of the “protective orders.” Ask the black and brown people of the south who were beaten for voting even when a piece of paper stated this harassment was unlawful. The Constitution of the United Snakes says we have protected liberties, but the festered minds of the so-called “justices” are filled with pus, and they repeatedly ooze phrases telling us prisoners that the Constitution really does not say what is written therein. These pus-filled minds are fond of saying, in the prison context these god-given rights for humanity are subjugated to the objectives of the go-vermine-ment.

Think about that, my friends. Supposedly, the Constitution of the United States grants the God-given liberties that are basic and essential to human life, but those liberties are permitted in prison only as long as they are not contrary to a legitimate government objective. (read Thornburgh v. Abbott, 490 U.S. 401 (1989)). By implication, this means the government has objectives that are contrary to what is basic and essential to human life.

MIM(Prisons) adds: This prisoner’s report comes in as we are building for the September 9 Solidarity Demonstration this year. This day of peaceful unity and protest, commemorating the date of the Attica uprising has resulted in punishment of participants in past years. We cannot let them frighten us into inaction, but organizers need to take account of local conditions when deciding what actions to take on September 9. Prisoners can write to us for the September 9 organizing materials, which includes some background on the Attica uprising.

In the past, some have painted environmentalism as a concern of the First World. However, this has never really been true, as it is the most oppressed people who have suffered and struggled against the most extreme man-made disasters. And the threat that their struggles pose to the capitalists’ interests is highlighted by this list of assassinations; people who were mostly killed in cold blood, a fate those in the oppressor nations know nothing about.

There is a concentration of murders in the tropical countries, where vast rain forests with some of the greatest biodiversity on the planet are making what could be their final stand. Long a source of natural resources, in recent decades these forests have been leveled at an increasing rate that cannot be sustained. In such cases there is a clear connection between protecting the ecological functioning of a region and the national liberation struggle tied to land. These “untamed” lands are often the homes of peoples who have not fully been assimilated into the global capitalist economy. Often private property and land deeds do not exist in these areas, attracting the brutality of the exploiters. The people struggling to exist on these lands have a completely different perspective on what land ownership and stewardship mean.

Many of the reports of these assassinations can be discouraging, when we see vocal leaders of small indigenous groups gunned down by paid assassins of the capitalists and no one is held accountable. But this war does have two sides. In many of the hotspots in this report there are strong organizations that have mobilized indigenous people to defend their lands. One of those examples has made some headlines recently in the Philippines. The revolutionary forces in the Philippines have called for a ban on logging because it has impoverished the indigenous people and peasantry, making them susceptible to environmental disasters as we saw last November with typhoon Yolanda. The New People’s Army (NPA) is exerting dual power in putting this ban into effect by engaging in gun battles and arresting members of the military of the U.$. puppet regime that defend the logging companies.(2) In a separate campaign the NPA recently stormed Apex Mining Company, torching their equipment.(3) This is one of many mining companies they have targeted due to the destruction they wreak on indigenous lands and humyn health. This connection between the struggles of the indigenous people and peasantry, the environment and land is nothing new for the Communist Party of the Philippines as was documented in the decades old film Green Guerrillas.

While most pronounced in the Third World, ecological destruction threatens all humyn life and continues to be a growing rallying point for progressive forces in the First World as well. Maoists must tie this work to a realistic class analysis and link the struggle to protect our environment to the struggle for national liberation of the oppressed. A true revolutionary ecology must engage the workings of a system that has assassinated well over 900 innocent people for trying to protect the world that we all live in.

Lanesboro Correctional Institution, in Anson County, North Carolina, has just enacted a gang program, which is nothing shy of draconian. Even for a state that is draconian to begin with.

It started when these pigs separated all of the inmates who were not listed as “STG” from the inmates who were considered part of the “Security Threat Group.” Federal law allows violation of prisoners’ Constitutional rights during times of emergency, when there is a “threat to the security of the institution.” By naming inmates a “security threat,” they are basically saying that these inmates have no Constitutional rights. They are being forced to shower in chains, handcuffs and shackles, and are pretty much being denied any and all rights.

The gang program is locked down 23 hours a day, and requires going 6 months infraction free to step down a single step. There are 3 steps in all, and a class of “STG associate” after that. This could force prisoners to go infraction free for 2 full years to get out of the program. Along with this program came a whole new set of rules which makes it nearly impossible to go infraction free without favoritism from the police. Of course, the only way you get that is by snitching, which in such an environment would get a prisoner killed. Being listed as an associate could be justified by something as small as an officer’s claim that you said something gang-related, or even my writing this article.

In response to this new policy, prisoners on 3 of the 8 STG blocks have declared a hunger strike. More prisoners on the STG unit are doing the same, in an attempt to break down this program in its infancy. The pigs are responding by cutting off their communication so they cannot be heard. I only learned of this by accident when a “Non-STG” prisoner was moved into my block to make room for more STG blocks.

This policy is being carried out in many states as we speak. Gang members are still human beings, and therefore entitled to the same protections as everyone else. Prisoners need to stand together everywhere and shut this down before it goes into full effect.

I am also working on my criminal convictions. I’ve navigated myself through multiple tiers of appeals. I really had a hard time exhausting all my state remedies in the Arizona State Courts. It took me almost eleven years to figure out, but most recently I filed my first federal habeas corpus petition in Arizona Federal District Court. I am requesting that the federal court appoint me a lawyer to investigate the possibility of state judicial corruption against the Tucson Police Department and the Pima County Attorneys Office. Last week I filed a Writ of Certiorari. This is a petition to the United States’s highest court; they only address issues involving “Constitutional magnitude.” I’m asking them to resolve the Constitutional question that was left open in Martinez V. Ryan, 623 F.3d 731, 132S.CT1309(1023) of:

“Whether a defendant in a state criminal case has a federal Constitutional Right to effective Assistance of Counsel at initial-review-collateral-proceedings specifically with respect to his ineffective-assistance-of-trial-counsel-claim.”

Because state law does not mandate Effective Assistance of Counsel during a convicted criminal’s Initial-Review Collateral Proceedings (Ariz. R. Crim. P. Rule 32), I’m able to believe that prisoners in Arizona are being discriminated against because they’re indigent and cannot afford effective counsel during their Initial-Review Collateral Proceedings. The United States Supreme Court only takes 3% of the cases filed each term, so the odds of them taking my case is nil, but imagine if they did. WOW, this would mean that a pro se litigant would have molded the law to conform to the needs of the oppressed here at the very bottom of society’s heap. A person is only as big as his dreams.

Fortunately, it does not end there. A Section 1983 Civil Rights Action prohibits a state from discriminating pursuant to the Fourteenth Amendment to the United States Constitution, which provides that:

“No state shall… deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the Law.”

The clause is “a direction that all persons similarly situated should be treated alike.”(City of Cleburne V. Cleburne Living ctr, 4730 U.S. 432,439 (1985))

I am determined to build a strong campaign to gain Injunctive Relief in a class action seeking to remedy the Sixth and Fourteenth Amendment violations caused by Arizona Rules of Criminal Procedure Rule 32’s past and continuing operations. Our actions, even if successful, will not demonstrate the invalidity of our conviction or sentence, therefore Section 1983 Class Action is the proper vehicle.(Wilkinson v. Dotson, 544 U.S. 74,82 (2005).)

If you feel you were denied Effective Assistance of trial council, and a Fourteenth Amendment right to effective assistance of Appeals Counsel for your Initial-Review Collateral Proceedings because either you did not have an attorney during your first Rule 32, or your Arizona R. Crim. P Rule 32 Lawyer was ineffective for failing to investigate Trial Counsel claims and/or other substantial right claims during trial, it would be important to draft out a notarized affidavit outlining the facts in your specific case and send them to the addresses below. If we’re able to gain enough affidavits, then we could proceed to present these facts to a federal district court asking them to appoint class counsel and certify our case as a class action. All we can do is try! In Strength and Solidarity, Revolution!

Send your notarized affidavits to:

Arizona Prison Watch
P.O. Box 20494
PHX, AZ 85036

Middle Ground Prison Reform
139 E Encanto Drive
Tempe, AZ 85281

Arizona Justice Project
P.O. Box 875920
Tempe, AZ 85287-5930

MIM(Prisons) adds: Please note to not send your affidavits to MIM(Prisons). We do not have the resources to copy and mail your affidavits to the addresses listed above.

We commend this comrade on discovering loopholes in the legal system and attempting to remedy them to the advantage of the most oppressed in this country. We encourage comrades in Arizona to participate in this effort to provide more legal support to prisoners in the state (at least on paper).

And we must remember that our struggle cannot stop there. While a successful habeas corpus case may help a prisoner to be released, a release is only as valuable as what you do with your time when you’ve made it outside. A recently released comrade wrote of the challenges s/he will face after h parole, and the difficultes s/he will have in carrying out political work, even though s/he is supposedly now “free.” The trend toward individualism of general legal counsel is one reason why the MIM(Prisons)-led Prisoners’ Legal Clinic only works on issues directly related to expanding our ability to organize, educate, and build toward an end to illegitimate imprisonment altogether (i.e. communist society). We believe people should fight for their release, but that they also should struggle for the release of the world’s majority from the chains of imperialism.

Related to the topic of carefully selecting our battles, we have written extensively on the limitations of focusing on fighting housing mentally ill prisoners in long-term isolation.(1) Some shortcomings of this strategy are legitimization of long-term isolation for not-yet-mentally-ill prisoners, and the fact that long-term isolation leads to mental illness in prisoners even if they entered isolation with sound mind and body. Of course we agree with the principle that mentally ill prisoners should not be housed in long-term isolation. But we take it further to say that no prisoners should be housed in long-term isolation, and we see no value in selling out some comrades on this issue in order to save others; eventually everyone held in long-term isolation will suffer mental illness. Abolish the SHU!

I have filed a petition in Los Angeles County Superior Court on the inadequacy of the grievance procedure in California prisons. I’ve also written letters to the California Attorney General’s Office, the LA County District Attorney Office, the Governor’s office and various media outlets in order to seek their assistance in forcing the California Department of Corrections and Rehabilitation (CDCR) staff to honor their own policies and regulations. All of my above efforts were to no avail.

The LA County Superior Court ordered an informal response when I filed my petition. The California Attorney General’s office assumed the position of respondent to my petition and asked for an extension of time to reply to my petition, and then they failed to meet even that deadline. Before the Attorney General replied, the court denied my petition stating that I was not in compliance with the grievance procedure, despite being unable to cite a single grievance regulation that I hadn’t complied with. This judicial abdication of CDCR staff lawlessness is routine in California state-level courts.

I had tried addressing the inadequate grievance procedure in the federal courts, by way of a federal civil suit that I filed against California State Prison - Corcoran. The ruling on this was that the CDCR’s violation of their grievance procedure does not create a federal constitutional violation, basically saying that the due process clause is meaningless. The case is now pending in the 9th Circuit Court of Appeals, case number 12-17419.

My “take-away” from my efforts so far is that in dealing with these government types (da pigs, bureaucrats, politicians, government, attorneys, etc.) in general, you’re up against brazenly socioeconomically biased, unreasonable, spiteful, hypocritical, out-of-touch, legitimized sociopaths. They work together to justify clearly unlawful behavior, and are adverse to a system of legitimate checks and balances. They see barely disguised partiality, in the disposition of their duties, as reasonable and good. We see evidence of this daily. I mean, the recently exposed NSA spy program is beyond any reasonable dispute a violation of the Fourth Amendment, yet they go on unapologetically violating the same constitution that they claim to cherish, absolutely Orwellian with the “double-think.”

What irritates me even more is the public’s complacency in the face of this brazen tyranny by this nation’s power elite. The Declaration of Independence states that it is not only a right, but a duty for the people to replace a lawless government. When will we honor that duty?

Thank you for your time, consideration, and your work performed on behalf of the people.

MIM(Prisons) responds: We agree with this comrade’s conclusions, and of course, we harbored no real expectations of action from the bureaucrats’ offices and courts going into this campaign. This is why we constantly stress the need to organize people around these demands. The pigs are not usually going to do something just because it’s right. They are more likely do something when they are pressured to do it. And pressure can only be applied when prisoners are organized for their common interests.

This is class struggle of the imprisoned lumpen against the bourgeois classes. When this struggle does not exist, our so-called “rights” under bourgeois democracy disappear, demonstrating that they never really existed in their own right. That is why we don’t hesitate to report this comrade’s failures, because they underline that important lesson. They also allow us to highlight the real victory in the grievance campaign, which is prisoners across many states acting in unison, sharing information and strategizing. Our strategies around this campaign need to keep the big picture of the balance of power in mind so that we do not get lost in an endless cycle of give and take with the pigs.

“The Supreme Court of the United States has held that the Constitution of the United States only requires a state to provide its inmates with access to a law library or access to persons trained in the law. Bounds v. Smith, 40 U.S. 817, 97, S. Ct. 1491, 52 L. Ed. 2d 72 (1977). The choice of which alternative to provide lies with the state, not with the inmate. Connecticut has chosen to rely on access to persons trained in the law in order to comply with the requirements of Bounds.” - CT DOC form letter

One of the services that the Connecticut Department of Corrections offers to prisoners is the Jerome N. Frank Legal Services at Yale University. In a letter dated 17 November 2012 that organization responded to a comrade stating:

We received your letter requesting assistance. Unfortunately, this office no longer has the resources to provide information or representation to such requests.

This is similar to the situation in North Carolina where the state contracts with the completely useless North Carolina Prisoner Legal Service, Inc. But, as we know, in other states where law libraries are provided, the resources in those libraries are also grossly inadequate. Meanwhile, Bill Clinton’s Prisoners Litigation Reform Act seriously hampered the ability of prisoners to get their grievances heard in U.$. courts. For those interested in this law we recommend Mumia Abu Jamal’s book Jailhouse Lawyers.

Our response to all of this is two-pronged. The main lesson is that legal battles cannot win prisoner rights under imperialism. As Mumia exposes in his book, the belief that they can leads hard-working jailhouse lawyers to literally go crazy. To win, we must organize oppressed people to establish a joint dictatorship of the proletariat of the oppressed nations over the former oppressors. Under proletarian leadership, exploitation and oppression will become the biggest crimes, and prisons will become places for education and re-socialization rather than torture and isolation.

Our second prong is our Serve the People Prisoners’ Legal Clinic. This is our short-term strategy. We know that legal information is difficult to obtain in the current system, and that providing access to this information in a useful way helps oppressed people in prison to survive this system. Just be careful that our legal work does not help prop up the very system that oppresses us, as Mumia warns. If you want to help prepare and share legal guides for anti-imperialist jailhouse lawyers write in and ask to work with the Prisoners’ Legal Clinic.

The bourgeoisie seems to be losing the battle for free enterprise against the repressive U.$. government. There can no longer be any commercial email service that does not provide direct access to all its users’ information to the U.$. intelligence agencies. We discovered this today when our email server, lavabit.com, was no longer accessible and the owner posted a message stating,

I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations.

The clear implication is that the feds approached him to demand access to the communications on his server. Existing communications were advertised as not accessible to anyone but the user who owns the account. In order to not release any future user info to the feds he shut down the server; a decision surely not taken lightly when people depend on their email for so much of their lives.

Just earlier this week it was revealed that a popular hosting service for Tor hidden services was comprimised and sites on that server were infected with malicious javascript to reveal users’ IP addresses (usually hidden by the Tor network) to a server located in Virginia. The obvious implication there was that this operation was related to U.$. intelligence agencies which dominate the region. One of the more popular sites affected by this attack was Tormail, another self-proclaimed secure email service.

All of this comes on the heels of the release of information on the U.$. National Security Agency’s (NSA) system of monitoring all electronic communications in the world. Information released makes it clear that all major commercial software companies have provided backdoors to their software and online services to the U.$. government. With the destruction of Lavabit and TorMail, it seems clear that the United $tates has no intention of letting any exceptions to that rule continue. Whistleblower Edward Snowden was known to use lavabit.com for his email, leading many to conclude that Lavabit was a victim of the U.$. hunt for Snowden himself. Others have speculated that the attack on Tor was an attempt to scare people out of the so-called darknet and back into the friendly arms of Google, Microsoft, et al.

While using allegedly secure online services can provide an extra layer of protection, you cannot rely on an unknown party for your security anyway. That is why services with built in PGP encryption, like hushmail.com, are a joke from the get go. Hushmail.com openly works with the Amerikan government already even though they are not a U.$. company. Certainly other nations will attempt to seize the competitive advantage they now have over a business that has long been dominated by U.$. companies. And as we recently said, the positive of all this is a surge in demand and innovation in the realm of computer security.

For now, you cannot email MIM(Prisons); instead, see our contact page. We will be investigating alternative solutions and post them on our announcements and contact page once they are available. If you’re still using unencrypted email for political work, get with the times and start studying our security links on our contact page. The last revolutionary generation underestimated the role of COINTELPRO until it was too late. It would be a crime against the people for us to make the same mistake with everything we know today.

Recently Mayor Annise Parker of Houston, Texas enacted a City Ordinance which makes it against the law to feed more than 5 hungry homeless people at a time. Many may remember that mayor Parker made national headlines by becoming the first openly gay/lesbian womyn to be elected mayor to a major u.s. city. One would think that of all people Mayor Parker would be sensitive to the needs of the oppressed and the poor. Of course this mode of thinking is pathetically idealistic and goes against our scientific method for analyzing and solving problems.

I did a concrete analysis of Mayor Parker’s actions since she has been in office, and time and time again she has strategically proposed ordinances which promote a “war” on the poor and homeless. Houston is an international imperialist strong hold. The war profiteers Halliburton and Kellog, Brown, and Root have offices in Houston. There are countless oil companies based in Houston. These companies literally rob and exploit the natural resources of many poor and under-developed Third World countries. Mayor Parker is nothing more than an “agent” for these money hungry imperialists. In Mayor Parker’s eyes, the poor hungry masses in Houston are an “eyesore” and more importantly, bad for bu$ine$$!

There are many activists who have balked at this new ordinance. They include an incredibly diverse group of individuals. Socialists, Black Panthers, Anarchists, Christians, Right wingers, and Left wingers, the public at large simply does not like this new ordinance. The benevolent “snake” Mayor Parker told the activists that if they could come up with 20,000 signatures of citizens who do not approve of the ordinance she would consider rescinding it. The activists came up with 34,000 signatures to put the issue on the ballot. Mayor Parker and City Council members conspired to sabotage the activist’s ability to be heard and acknowledged at a recent city council meeting. A local judge, named Bill Harris determined that the activists submitted their petition too late!

Police terrorism is alive and well in Houston. The homeless who reside downtown are favorite targets of the abusive Houston Police Department officers. The fine for feeding more than 5 homeless people at a time is $2000 and/or jail! People who usually bring food to feed the homeless are afraid.

More than ever we are in dire need of a revolution that overthrows this wicked and corrupt imperialist system that exploits and takes advantage of the “have nots” of society. It is going to take people who are willing to fight and not negotiate with the enemy.

Notes: KPFT Radio 90.1 FM. S.O.S. Radio show with Brother Zinn, 12 September 2012. Facebook.com/KPFT Houston.

[The following article begins with excerpts from an article by a California prisoner, which gives a detailed historical account of relevant case law, and was originally published by San Francisco BayView. Also available on our website is the full court opinion for In Re Crawford.]

Greetings. The struggle is long and arduous, and sometimes we do etch out significant victories, as in the case of our brotha in In re Crawford, 206 Cal.App.4th 1259 (2012).

It’s important to emphasize that this victory is a significant step in reaffirming that prisoners are entitled to a measure of First Amendment protection that cannot be ignored simply because the state dislikes the spiel. New Afrikan prisoners have a right to identify with their birthright if they so choose, as does anyone else for that matter – Black, White or Brown. …

[California prison officials] have gone so far as to boldly proclaim that the term New Afrikan was created by the Black Guerilla Family (BGF) and that those who identify as or use the term are declaring their allegiance to the BGF, which has been declared a prison gang. They have sought to suppress its usage by validating (i.e. designating as a gang member or associate) anyone who uses the term or who dares mention the name George Jackson. …

Our brotha’s case In Re Crawford was filed June 4, 2012, and certified for publication June 13. In a brilliant piece of judicial reasoning, a panel of justices in a 3-0 decision finally reaffirmed a prisoner’s First Amendment right to free speech and expression, stating:

Freedom of speech is first among the rights which form the foundation of our free society. “The First Amendment embodies our choice as a nation that, when it comes to such speech, the guiding principle is freedom – the unfettered interchange of ideas – not whatever the State may view as fair.” (Arizona Free Enterprise Club v. Bennett (2011) 131 S.Ct. 2806). “The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people … All ideas having even the slightest redeeming social importance – unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion – have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests.” (Roth v. United States (1957) 354 U.S. 476, 484.”

The programs embodied in the New Afrikan Collective Think Tank, New Afrikan Institute of Criminology 101, the George Jackson University and the New Afrikan ideology itself are inclusive programs emphasizing a solution-based approach to carnage in the poverty stricken slums from where many of us come. The CDCR Prison Intelligence Units (PIU) have sought to suppress these initiatives simply because they do not like the message. They have marched into court after court with one standard line: New Afrikan means BGF and these initiatives are promoting the BGF. In re Crawford continues,

As recently noted by Chief Justice Roberts, “[t]he First Amendment reflects ‘a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.’ [Citation.] That is because ‘speech concerning public affairs is more than self-expression; it is the essence of self-government.’ [Citation.] … Speech on public issues occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.” (Snyder v. Phelps (2011) 562 U.S. , [131 S.Ct. 1207, 1215].

In re Crawford is a very important ruling because the justices said these protections apply to prisoners as well. …

George Jackson cannot be removed from the fabric of the people’s struggles in this society any more than Malcolm X can or Medger Evers or Dr. Martin Luther King, Jr. or Harriett Tubman or Sojourner Truth or Ida B. Wells, Rosa Parks or Frederick Douglass, or the countless others who’ve fought and struggled for a brighter future for generations to come.

What CDCR and its PIU are trying to do is make a run around the First Amendment by shielding its suppression activity under the guise of preventing gang activity, just as it’s done historically, which gave rise to Procunier v. Martinez (1974) 416 U.S. 396, 413.

In In re Crawford, CDCR argued for an exception to the Martinez test for validated gang members. The court declined to make such an exception, holding: “Gang related correspondence is not within the exception to the First Amendment test for censorship of outgoing inmate mail.”

The fact that they even argued for such an exception shows their mindset. Their intentions are to suppress that which they believe to be repugnant, offensive and that which they believe a prisoner ought not be thinking! In their minds we have no right to think or possess ideas, concepts or vision beyond that which they believe we should possess.

Until In Re Crawford, these highly educated judges were sanctioning this nonsense with twisted, perverted rulings permitting a newspaper article or magazine layout or book to be used against a prisoner for validation purposes [to put them in torture cells - editor]. They issued twisted rulings like those in Ellis v. Cambra or Hawkins v. Russell and In Re Furnace, where the petitioner was told he has no right to his thoughts and the First Amendment only protects a prisoner’s right to file a 602 [grievance form].

These kinds of fallacious rulings ought to be publicized so as to show the skillful manipulation of the law by those sworn to uphold it. In Re Crawford reestablishes that First Amendment protections apply to prisoners and that we too enjoy a measure of free speech and expression. We ought not be punished with fabricated notions of gang activity for merely a thought!

However, if we are to continue to meet with success, we need our professors, historians and intellectuals to step up and provide declarations that we can use in our litigation, defending our right to read, write and study all aspects of a people’s history, like Professor James T. Campbell did in In Re Crawford. This is the only way a prisoner can challenge the opinion of a prison official. …

Much work remains to be done, like stopping the bogus validations based on legitimate First Amendment material. We know that many individuals are falsely validated simply for reading George’s books or a newspaper article, for observing Black August or for simply trying to get in touch with one’s cultural identity.

These legitimate expressions should carry no penalty at all. You’re not doing anything wrong, and a lot of brothas who’ve been validated simply shouldn’t be. Nor should folks be frightened away from reading or studying any aspect of history simply because the state doesn’t like its content. Judges who issue fallacious opinions permitting prisoners to be punished for reading a George Jackson book or researching your history should be exposed.

Literary content and cultural and historical materials are not the activities of a gang; they are political and social activities that we have a right to express, according to the unanimous decision in In re Crawford.

The First Amendment campaign continues to forge ahead, although we still don’t have a lawyer. The campaign still exists, and we anticipate even greater successes in the future. … We’ve cracked one layer of a thick wall. Now all prisoners should take advantage of this brilliant ruling and reassert your rights to study your heritage, Black, White or Brown.

MIM(Prisons) adds: The issue in this case was one that we have experienced first-hand as well. For example, in 2008 a letter from a comrade in California was censored before it could reach us because it discussed the New Afrikan Collective, which allegedly was a code word for the Black Guerrilla Family.(1) But in reality, the New Afrikan Collective was a new political organization in New York focused on bettering the conditions of New Afrikans as a nation, with no connections to any sort of criminal activity.

The first thing that strikes us about this case is a quote from the proceedings cited by the author above, “Gang related correspondence is not within the exception to the First Amendment test for censorship of outgoing inmate mail.” Unfortunately this is not part of the final opinion explaining the decision of the court, and it is specific to outgoing mail from the prison. Nonetheless, it would logically follow from this statement that anything that can be connected to a gang is not automatically dangerous or illegal.

“Gang members” have long been the boogeyman of post-integration white Amerika. The pigs use “gang member” as a codeword to excuse the abuse and denial of constitutional rights to oppressed nation youth, particularly New Afrikan men. And this has been institutionalized in more recent years with “gang enhancements,” “gang injunctions” and “security threat group” labels that punish people for belonging to lumpen organizations. Often our mail is censored because it mentions the name of a lumpen organization in the context of a peace initiative or organizing for prisoners’ humyn rights. While criminal activity is deemed deserving more punishment with the gang label, non-criminal activity is deemed criminal as well.

As the author discusses, it becomes a question of controlling ideas to the extreme, where certain words are not permitted to be spoken or written and certain symbols and colors cannot be displayed. So the quote from the court above is just a baby step in the direction of applying the First Amendment rights of association and expression to oppressed nation youth. Those who are legally inclined should consider how this issue can be pushed further in future battles. Not only is such work important in restoring rights to people, but we can create space for these organizations to build in more positive directions.

Part of this criminalization of a specific sector of society is the use of self-created and perpetuated so-called experts on gang intelligence. Most of our readers are all too familiar with this farce of a profession that is acutely exposed by the court’s opinion in this case. The final court opinion calls out CO J. Silveira for claiming that the plaintiff’s letter contained an intricate code when he could provide no evidence that this was true. They also call him out for using his “training and experience” as the basis for all his arguments.

The warden’s argument is flawed for two reasons. First, the argument is based solely on the unsupported assertions and speculative conclusions in Silveira’s declaration. The declaration is incompetent as evidence because it contains no factual allegations supporting those assertions and conclusions. Second, even if the declaration could properly be considered, it does not establish that the letter posed a threat to prison security.

As great as this is, as the author of the article above points out, they usually get away with such baseless claims. More well thought out lawsuits like this are needed, because more favorable case law is needed. But neither alone represents any real victory in a system that exists to maintain the existing social hierarchy. These are just pieces of a long, patient struggle that has been ongoing for generations. The people must exercise the rights won here to make them real. We must popularize and contextualize the nature of this struggle.

On 3 October 2011 I was notified by prison authorities that I had received the September/October 2011 No. 22 issue of Under Lock & Key (ULK) in the mail. I was further notified that I could not have ULK because it is banned throughout the Illinois Department of Corrections (IDOC). I grieved this unconstitutional banning of ULK since IDOC cannot validate its claim that ULK is a threat to security. On 27 July 2012 I filed a Section 1983 Civil Suit against the director of IDOC, S.A. Godinez.

This lawsuit is based on the grounds that IDOC cannot substantiate the banning of ULK and that the banning of ULK violates my Constitutional Rights to:
1) Receive and own reading material;
2) Have freedom of speech; and
3) Have freedom of political expression.

In my Statement of Claim I gave a brief definition of what MIM(Prisons) and ULK are. However, I was wondering if you would like to prepare a statement about what exactly MIM(Prisons) and ULK are and the purpose of their existence.

In further news, on 16 August 2012 another prisoner and I received a notice saying that we had received the July/August 2012 No. 27 issue of ULK in the mail and that we couldn’t have it because ULK is banned. We are both currently in the second of three stages of the grievance procedure and will be filing a Class Action lawsuit within the next six months challenging the banning of ULK. This suit will merge with my already existing one.

Any information that you can send me on this topic would be greatly appreciated.

MIM(Prisons) responds: The comrade above has not received an issue of Under Lock & Key since November 2011. Appealing the censorship and going through the grievance procedure will often successfully get you the mail that the authorities are attempting to deny. If that doesn’t work, we need to be prepared to take the censors to court when possible.

Unfortunately, due to our very limited resources, it is very difficult for us to offer legal assistance directly on your case. Instead we run the Prisoners’ Legal Clinic in an attempt to empower and encourage our subscribers to do their best putting together and filing their case on their own. Recently another comrade offered h legal services to help fight censorship in Illinois, which is not just an ongoing problem for the author of this Civil Suit. We are attempting to facilitate this anti-censorship battle and push it to a head. Remember to send in your censorship documentation and status updates on your anti-censorship grievances and cases so we can publicize them on our website. If you are a lawyer on the outside and want to work on this issue, please get in touch.