Federal Judge Blocks South Dakota Abortion Ad Ban Against Mayday Health
A federal judge has blocked South Dakota from enforcing its abortion advertising ban against Mayday Health, giving the reproductive health nonprofit an early win in a First Amendment lawsuit over abortion-pill information.
U.S. District Judge Camela C. Theeler issued a preliminary injunction Friday against enforcement of the recently adopted law as applied to Mayday Health and plaintiff Nancy Turbak Berry. The ruling does not strike down the law, but it prevents South Dakota from using it against the plaintiffs while the case moves forward.
Theeler found the plaintiffs were likely to succeed and said South Dakota had not shown the restriction met strict scrutiny, the demanding legal test courts apply to some speech limits. Courthouse News reported that the judge wrote the public interest is served by protecting First Amendment rights.
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The law, signed in March and effective July 1, restricts advertising and distribution tied to abortion services that are unlawful in South Dakota. The state bans abortion except when the pregnant person’s life is at risk.
The case follows a months-long fight over Mayday ads placed at South Dakota gas stations. Attorney General Marty Jackley said in December that the ads were deceptive and warned of possible felony consequences or civil penalties. The state later announced a March settlement requiring removal of the ads.
Mayday says it provides information and does not sell, ship, or prescribe abortion pills. Its executive director, Leo Raisner, said after the ruling that sharing information and listing legitimate providers is protected by the First Amendment.
State officials disagree. The attorney general’s office said the permanent-injunction phase will continue with more discovery, while Gov. Larry Rhoden said he remains confident in the law.
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