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 © 2026 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

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Show More