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 © 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

TrustyFans Introduces New Blog

Creator directory TrustyFans has introduced an official blog to its site, titled "From Hidden to Hype."

JustFor.fans' Dominic Ford Featured in Wired Magazine

JustFor.fans Founder and CEO Dominic Ford is featured in a new article in Wired Magazine, titled "The Internet Revolutionized Porn. Age Verification Could Upend Everything."

Dr. Charlotte Gaydos Joins ProDx Health Advisory Board

Dr. Charlotte Gaydos has joined the Advisory Board of ProDx Health.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

New AI Companion Platform 'Pornstar.love' Launches

Pornstar.love, a new AI companion platform, has officially launched.

Pineapple Support, Stripchat to Host 'Navigating Thoughts of Suicide' Support Group

Pineapple Support and Stripchat are hosting a free online support group to help performers deal with suicidal ideation.

Plaiir Names Cade Maddox as Lead of Creator Relations

Networking platform Plaiir has appointed Cade Maddox as its new lead of creator relations.

Go.cam Launches 'One-Line Integration' Verification Solution

Go.cam has introduced a one-line code integration for age verification.

XBIZ Amsterdam to Debut 'Behind the Lens' Screening Series

XBIZ is pleased to announce the debut of “Behind the Lens,” a new screening series presenting discussions with noted directors, taking place at the upcoming annual European conference, XBIZ Amsterdam.

'White Rabbit' Party Headed for XBIZ Amsterdam

XBIZ is pleased to announce the White Rabbit Party, an XBIZ Amsterdam special event set to take place Wednesday, Sept. 3.

Show More