South Dakota Prison Porn Ban Challenged by Inmate

South Dakota Prison Porn Ban Challenged by Inmate

SIOUX FALLS, S.D. — This week, federal judges for the 8th U.S. Circuit Court of Appeals ordered a district court judge to address a controversial South Dakotan law banning pornography in prisons.

The restrictive policy, which was established in 2014 and last updated in May 2017, prohibits any material featuring nudity or sexual content. This broadly encompasses any “pictorial or other graphic depiction where male or female genitalia, pubic area, buttocks or female breasts are exposed.”

The rule is so ill defined that it covers both actual pornography as well as novels and nude works of classical art. The Argus Leader reported that “several Renaissance pictures of works of Michelangelo[‘s]” were confiscated along with manga and the novels “Thornes of Desire” and “Pride and Prejudice: The Wild and Wanton Edition.” Under this rule, inmates found with such material are subject to “disciplinary action.” 

The ban even covers outgoing letters, a point of contention for Charles Sisney, the inmate bringing the case to court and whose books and art were confiscated. Sisney’s lawyers said that the restriction on mail violates his First Amendment rights. 

Gizmodo reported that constitutional scholar Steven Morrison, who argued some of the case in court, told The Daily Republic, “Prisoners do not give up their First Amendment rights. If a prison can show that restricting material protected by the First Amendment is related to a penological interest such as security or safety, the courts tend to give wide discretion to prisons, as they should. But there’s no evidence of that in this case. It is literally unprecedented. The policy prohibits an entire class of speech, sexually explicit content, and goes beyond that. There are no exceptions.”

Sisney began the fight soon after the rule was established and eventually won support from the ACLU of South Dakota and the National Coalition Against Censorship. He appealed a 2016 ruling by the district court even though it largely landed in his favor; it has since been vacated due to being based on an older, less restrictive policy made in 2000 and not the 2014 version.

For now, Sisney must wait for the decision to be made — without his books and without his art.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

U.S. Solicitor General to Participate in FSC v Paxton

The Supreme Court on Monday granted a motion by the U.S. solicitor general to participate in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law.

Judge Pauses Lawsuit Over Indiana AV Law

A U.S. district court judge has paused a lawsuit over Indiana’s age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

ASACP Urges Compliance With UK Online Safety Act

LOS ANGELES — The Association of Sites Advocating Child Protection (ASACP) has issued a statement advising adult companies to prepare to comply with the age assurance provisions of the U.K.'s Online Safety Act, which go into effect in 2025.

Pornhub Rejects Claim It Plans to 'Avoid' Age Verification in UK

Pornhub parent company Aylo told XBIZ on Monday that a recent report claiming the site will use a “loophole” to sidestep age verification requirements under the U.K.’s Online Safety Act is “misleading,” and that the company will always ensure its sites are compliant.

FSC Sues Tennessee Over AV Law, Seeks Preliminary Injunction

Free Speech Coalition, along with a group of adult industry stakeholders, has filed a legal challenge to Tennessee’s age verification law and requested an expedited preliminary injunction against enforcement.

Satisfyer Helps Dutch Police Dismantle Counterfeit Network

Satisfyer has teamed up with Dutch authorities to help dismantle a counterfeit network that sold fake products online, including items purporting to be the brand's Pro 2 and Penguin vibrators.

Indiana, Ohio AGs File Amicus Brief in Support of Texas AV Law

Indiana Attorney General Todd Rokita, along with Ohio Attorney General Dave Yost and officials from 22 other states, on Friday filed an amicus brief with the United States Supreme Court in support of Texas’ controversial age verification law.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

Show More