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

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.

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

Show More