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

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

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.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Show More