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.

Related:  

Copyright © 2025 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

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Show More