The ACLU - Foundation (Southern California), legal counsel for the PRLF regarding the ban of Revolution newspaper, sent letters in early June to two California prisons -- Pelican Bay State Prison (PBSP) and Chuckawalla Valley State Prison (CVSP) -- saying if they did not lift their blanket bans on Revolution and permit its distribution to prisoners, the ACLU would discuss with PRLF future options, including litigation. Both of these California prisons had officially notified RCP Publications (and thus PRLF) in February that Revolution newspaper was banned. The letters from the ACLU requested a response by June 21st.

In a letter dated June 15th, the Assistant Warden of CVSP, Neil McDowell, wrote: "This is to advise you that your publication entitled 'Revolution' does not have a blanket ban at Chuckawalla Valley State Prison (CVSP). The memo dated February 16, 2010 authored by Sergeant L. Nunez was inaccurate in stating as such." No further explanation was given for why that letter was written nor for the ban that has been in effect.

The Warden of Pelican Bay State Prison (PBSP), G.D. Lewis, sent a letter to the ACLU also dated June 15th, which stated: "To date, ALL issues of Revolution Newspaper mailed to PBSP inmates in the past nine months, have been delivered," and that "No ban of Revolution Newspaper is in effect... I am considering this matter closed."

Needless to say, the PRLF has serious concerns about the complete truthfulness of the wardens' claims. This month alone, the PRLF has received at least two letters from prisoners at PBSP who state that their newspapers are being delivered at best sporadically. One prisoner says he received only a single issue in March, one in April and another in May.

The PRLF has good historical reasons for its concerns as well. For many months, beginning in October, 2009, PBSP banned the newspaper without any notification to prisoners or publisher, in egregious violation of CDCR's own procedures outlined in memos turned over to the ACLU. Then in February, 2010 PRLF received a letter from PBSP advising it that Revolutionnewspaper will not be delivered to inmates; that it "has been determined to be contraband because it promotes disruption of the government and incites violence to do so."

When this ban was called out and the ACLU filed for all public records, PBSP began to maneuver. In May, PBSP notified RCP Publications that there was no ban and that their own February, 2010 letter which notified Revolution newspaper of the ban was in error! This May letter claimed that there was only a single issue of Revolution barred, and they stood by the decision to do so; yet there is evidence from many official "Notification of Disapproval" forms received by prisoners that newspapers dating back to October, 2009 were disapproved. Now the warden's June letter states that ALL issues have met the criteria for delivery to prisoners.

It is important to note that by announcing that ALL issues of Revolution newspaper mailed to PBSP inmates in the past nine months have been delivered, the warden at PBSP has now been forced to admit that there was in fact NO VALID BASIS to bar a single issue of Revolutionnewspaper from any prisoner during that time period.

But it is up to us to hold PBSP to that statement. The prison officials are repeat offenders in violating the prisoners' First Amendment rights; the truth of the situation must be learned directly from the prisoners.

And there are many unanswered questions for which PBSP officials have offered no explanations. For reasons yet to be learned, the prison continues to try and obscure the extent, nature, and justification of the ban that it carried out for many months.

The PRLF is pursuing this on the legal front -- and together with that continuing to actively mount a broad, societal effort to bring awareness of the ban. At this juncture we have made some significant headway; but we need to see the overturning of this ban all the way through. The prison officials must be compelled to fully DISCLOSE all documents regarding disapproval in the CA prison system. There must be VERIFICATION (facilitated by prison officials) that all issues of Revolution (past and current) are being delivered to prison subscribers. And if an issue of Revolution is not delivered in a timely way, prison officials must provide prompt NOTIFICATION to the ACLU-F (SoCal) and the PRLF.

Importantly, PRLF is also working to put in place legally ENFORCEABLE mechanisms to ensure that NO prison in CDCR system can arbitrarily ban issues of Revolution newspaper, or any other public newspaper or literature which does not conform to the thinking of the officials administering the prisons. Such practices are inhumane and unconstitutional.

Thoroughly resolving this in a way which requires the prison officials to follow their own regulations and inhibits their ability to manufacture or arbitrarily institute new bans in any form has important implications: for upholding the rights of prisoners to a life of the mind, for the distribution of Revolution newspaper and other revolutionary literature in the prisons -- and beyond that for critical thinking in society as a whole.

The efforts of a broad range of people who have taken up work to Overturn the Ban are having an impact on the prison officials. Important headway is being made...but if we stop now, it could be like starting a course of antibiotics and not finishing the full course. The infection can come roaring back and then you are less able to deal with it because you didn't finish the full course of treatment.

The June 15, 2010 letters from PBSP warden Lewis and CVSP assistant warden McDowell amount to an admission that the reasons given for designating Revolution newspaper as "contraband" are wrong and baseless. Yet for all the reasons outlined here, this effort is not over! The actions of prison authorities in this matter up to now have been illegal and harmful and there is much that remains hidden in the administrative entrails about their efforts to deny this newspaper to prisoners that cannot be allowed to stand or to continue in new forms.

PRLF will continue to keep people informed of significant developments.

Going Forward:

1) Spread the word about this ban -- and the current juncture in this effort. Continue to circulate the Overturn the Ban statement for signatures together with this new update, so that everyone knows the status of our efforts to overturn the ban.

This way, if we discover that these wardens, or any other prison authorities, are covering up on-going interference with Revolution newspaper reaching its prison subscribers, we will be prepared to meet this immediately and in a way which has broad impact in society.

2) The PRLF in consultation with current signatories will see whether the "overturn the ban statement" can be updated with a news flash or otherwise modified so that it captures the new developments and current situation. Don't wait for this -- use this news flash to let people know what is going on.

3) Donate generously to the PRLF and urge others to contribute. This ban has been all about the attempts of the prison authorities to enforce "mind control" and cut the "lifeline" that Revolution newspaper represents for many prisoners. There have been moving testimonials from prisoners about how important Revolution newspaper is to them. A fitting response -- and answer -- to the attempt to ban the newspaper is for the numbers of subscriptions to dramatically increase both in California and nationwide. So, PRLF is launching an "Adopt a Prisoner's Sub" drive.

There are currently 65 prisoners on the waiting list in California alone; $2275 would fund their subscriptions for a full year.

$6000 is needed in short order to renew on-going subscriptions.

4) Very importantly, share with others what is blossoming behind the prison walls -- the writings of the prisoners based on engagingRevolution newspaper every week. This is extraordinary and a compelling glimpse of the suppressed potential for those considered "the worst of the worst" to transform themselves and contribute from behind bars to the struggle for a better world. This is what the prison officials were trying to cut off by banning Revolution newspaper. Letters (including new letters) are posted at PRLF's web site. Read them, and pick one or two that are your favorites, share them with others, and urge them to join you in adopting a subscription.

A prisoner at Chuckawalla recently wrote,

"Over time my subscription stopped coming with no notice given. From time to time I would get letters from the volunteers asking for my opinion or feedback on articles which I hadn't received, even letters stating I needed to renew my subscription, which I did yet still received nothing.

Until one day a volunteer put (an) issue in an envelope and sent it to me. However that 1 issue, the 'Special Prison Issue' was a big hit. Everyone on the yard wanted to read it! I thought it was funny that the one issue I 'kind of' could understand if they'd taken it, was the one that got through! The fact is, I never got that issue back, but it's OK, I bet 200 people read it! I hated telling 'em it was outlawed."

It is up to us to make sure it is not; that prisoners receive their subscription without interference in a timely way; and that prisoners are not retaliated against for insisting on their right to read Revolution newspaper.

The PRLF will continue to keep everyone informed and we urge you to keep the heat on the PBSP and Chuckawalla officials including through adding your name to the statement to overturn the ban, and by asking others, while fully informing them of the current juncture in this effort.