Thursday, December 8, 2022

Authoritarian Censorship Policies - Alive and Well in Michigan Prisons

 Although their rights are curtailed by the very nature of prison, prisoners are still afforded Constitutional rights. For example, prisoners' First Amendment free speech rights are protected. They are even allowed, by the Constitution and Supreme Court, to criticize prison officials - as long as that criticism is truthful. However, they are not allowed the freedom to speak insolently to corrections officers, or to stir up dissent among prisoners (both earn a misconduct ticket, or worse). 


Prisoners are also allowed by the Constitution to write, and to publish their writings. Of course, some limitations exist. For instance, prisoners cannot profit from their own crimes or disparage or threaten their victims. However, even constitutionally protected conduct is often restricted or prohibited in prisons. These restrictions are sometimes challenged in the courts, both successfully and unsuccessfully, but lawsuits are expensive and difficult for prisoners to file. 

Recently, I have seen a significant increase in censorship within Michigan prisons. Prisons have always censored materials they feel are a threat to the good order and security of an institution. The Supreme Court has allowed that, and probably for good reason. Nevertheless, Michigan prisons, and others around the country, often abuse this privilege, using senseless arguments to censor some material. 

Another prisoner told me, just this morning, for example, that he emailed his brother a recipe for the fudge he makes in prison using commissary items. His outgoing email message was censored. Prison officials claim that the recipe could be used to operate a business and to generate profit. By whom?! People in the free world are allowed to do just that, but the prisoner lost his appeal to completely illogical justifications. 

This past week, a family member sent me a book on entrepreneurship. It, too, was rejected because it allegedly might be used to operate a business. The real catch is that within the same prison facility, Jackson Community College teaches an entrepreneurship course to prisoners. Apparently learning this material in college cannot be used to operate a business, but reading a basic book about entrepreneurship can be. It's completely nonsensical. 

My own book, Insider's Guide to Prison Life, was also rejected by the mailroom. I wrote this book to help prisoners' loved ones avoid facilitating bad behavior that some prisoners continue to practice in prison. Of course, I describe some of this bad behavior, which is common in prison and known about by every Michigan prisoner. My book's entire aim is to help loved ones encourage rehabilitation and transformation so prisoners successfully leave prison and stay out. 

My book has been rejected for multiple reasons. First, it was rejected because I allegedly might be using it to operate a business enterprise. Although I do not own the publishing rights, one prison felt that writing a book is enough to be "operating a business." This claim contradicts US Supreme Court precedent. Second, it was rejected by another prison because its content allegedly might "facilitate illegal conduct." Because I simply reveal what happens in prison, prison staff believe I am encouraging that behavior, even though the entire premise of my book, and the context of the material, contradicts that claim. 

Unofficially, prison staff have also claimed that prisoners are not allowed to receive copies of their own published works. This is not a prison policy (and it is very likely unconstitutional), but when has that mattered? Neither logic nor constitutionality seem to matter much when censorship decisions are made in prison. If a single prison staff member objects to written material for any reason, BAM! Stamped censored. 

That's a lot of power for a prison mailroom employee.

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