In a victory for the Militant and its 135 readers behind bars in Florida, the Literature Review Committee of the state’s Department of Corrections overturned the ban on Militant issue no. 10. The Militant was notified of the decision April 16.
This issue was banned for a front-page article, “Fight to overturn Florida prison ban on coverage of rights of immigrants.” Similar bans on Militant issues nos. 8 and 9 were also reversed a couple of weeks earlier.
However, prison authorities recently impounded issues 11 and 12, citing front-page articles calling on readers to “Join ‘Militant’ fight to overturn ban by prison officials in Florida” and “Prison bans on ‘Militant’ escalate in Florida, help fight to overturn them!”
This monthslong fight began when authorities at Taylor Correctional Institution in Perry, Florida, banned Militant issues nos. 4, 5 and 6 for reporting on labor-backed, disciplined protests against attacks on immigrant workers in Minneapolis and the paper’s call for amnesty for workers in the U.S. without papers. The committee rejected without any explanation the appeal of these three impoundments filed by Militant attorney David Goldstein in mid-March.
Prison authorities claimed these issues were “dangerously inflammatory in that it advocates or encourages riot, insurrection, rebellion, organized prison protest, disruption of the institution, or the violation of the federal law, state law, or Department rules” and “presents a threat to the security” of the prisons.
To the contrary, “nothing in the cited articles is ‘inflammatory’ or advocates for any kind of violence,” Felix Vincent Ardea, president of division 89 of the Teamsters Canada Rail Conference, wrote to the Literature Review Committee. “On the opposite, the Militant champions a course of peaceful, lawful protesting led by the unions in order to fight for immigrant rights.”
‘Militant’ articles called for disciplined protests
Samuel J. Morley, general counsel for the Florida Press Association, explained in a Feb. 16 letter to the committee that “the justifications offered for the ban are unsupported by the article’s content. The news article strongly condemns ‘ultraleft actions aimed at disrupting ICE’ as well as any ‘provocations leading to violent clashes.’ It explains the need for large, peaceful, disciplined protests calling for amnesty for undocumented immigrant workers.”
PEN America’s Tim Richardson points out that Department of Corrections actions “must not come at the expense of prisoners’ First Amendment rights.”
“The Militant bans are a serious attack on the constitutional rights of freedom of the press and free speech, both for the newspaper and for the rights of subscribers behind bars who are denied the right to read what they choose and to form their own opinions,” John Studer, the Militant’s editor, said. “Keep the pressure on the Florida Department of Corrections to overturn the Militant bans. Talk to trade unionists, groups of co-workers, concerned or prominent individuals, churches, and Black rights, immigrant rights, civil liberties, or community organizations about letters opposing the bans.”
Send letters to the Literature Review Committee, Florida Department of Corrections, 501 South Calhoun St., Tallahassee, FL 32399-2500, or email Melvin.Herring@fdc.myflorida.com and Saritza.Legault@fdc.myflorida.com with a copy to themilitant@mac.com.