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 © 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

Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Show More