TOPEKA – A Kansas Department of Corrections rule barring inmates from possessing sexually explicit materials is constitutional, a federal appeals court ruled this week.
Attorney General Derek Schmidt announced today that the 10th U.S. Circuit Court of Appeals earlier this week upheld the Kansas regulation. The appeals court affirmed the ruling of the federal district court, which also had upheld the regulation. The attorney general’s office represented the state in the case.
“Prohibiting inmates from possessing sexually explicit material is a common-sense measure to maintain order within the corrections system,” Schmidt said. “This ruling upholds the authority of the Department of Corrections to maintain control within its facilities.”
The ruling stems from a regulation issued in 2004 by then-Secretary of Corrections Roger Werholtz banning the possession of sexually explicit material. Inmate Jeffrey Sperry filed suit claiming the regulations violated his First Amendment rights.
The Court of Appeals this week rejected the inmate’s argument. The case is Sperry v. Werholtz.