Eighth Circuit to Hear South Dakota Prison Censorship Appeal

Eighth Circuit to Hear South Dakota Prison Censorship Appeal

SIOUX FALLS, S.D. — The ongoing Free Speech saga pitching one South Dakota inmate against his prison’s policy banning sexual content will continue after the Eighth Circuit Court of Appeals again agreed to consider the case.

The appellate court heard inmate Charles Sisney’s case, concerning his access to certain books and images, in 2018 and “sent it back to South Dakota federal court for a new approach to assessing the policy,” South Dakota Public Broadcasting (SDPB) reported today. “That new order was issued a year ago. The Department of Corrections disagreed with the federal district judge’s findings and appealed. The Eighth Circuit heard those arguments last week.”

According to the report, the appellate court has now taken the case under advisement and will issue an opinion at a later date.

Sisney alleges the prison’s blanket policy prevents him from accessing a variety of material, including photos of paintings and sculptures by Michelangelo, an art book titled “Matisse, Picasso, and Modern Art in Paris,” “Pretty Face” manga comics, some erotic prose and “a copy of the iconic Coppertone ad showing a toddler on a beach whose puppy has tugged down the back of her swimsuit,” SDPB reported.

As XBIZ reported at the time, Judge Lawrence Piersol's ruling in June 2020 let the Department of Corrections (DOC)’s ban on the manga and the Coppertone ad stand. He added that “nudity in and of itself can’t be the basis for a ban, but depicting nudity of minors is prohibited,” SDBP reported.

Sisney’s lawyer alleged that “this policy has been used to prohibit Parents Magazine, Biblical Archaeology, a text on the Holocaust, Architectural Digest, and Scientific American, all of which supposedly contain sexually explicit material.”

The lawyer for the DOC alleged that even written depictions of sex should be banned for inmates since “erotic prose or images of nudity can be used as currency in the prison population’s barter system.”

According to the report, the lawyer read a sex scene from one of the books Sisney has been denied and claimed that the “evidence right there shows that this can be destructive to the security and order of the prison, and especially with the rehabilitation of sex offenders.”

Main Image: Michelangelo's Adam, an image considered "pornographic" by the South Dakota Department of Corrections

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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More