Judge Blocks South Dakota Ban on Abortion Information Ads
A judge blocked South Dakota from enforcing its ban on abortion information ads against Mayday Health.
Why it matters: The ruling protects free speech and access to abortion-related information amid tight state restrictions, a key issue for legal teams managing constitutional and regulatory risks.
- U.S. District Judge Camela C. Theeler issued a preliminary injunction on July 17, 2026.
- South Dakota’s March 2026 law criminalizes advertising abortion pills and related information.
- Mayday Health, founded in 2022, educates on abortion pills but does not supply them.
- Mayday Health ran ads at South Dakota gas stations in December 2025, leading to a legal challenge.
On July 17, 2026, U.S. District Judge Camela C. Theeler granted a preliminary injunction preventing South Dakota from enforcing its ban on advertising abortion pills against Mayday Health and plaintiff Nancy Turbak Berry. This injunction temporarily blocks the state from punishing those who disseminate information about abortion pills under the law enacted in March 2026.
The South Dakota statute makes it a crime to promote or provide information about abortion services deemed unlawful in the state, including abortion medications. South Dakota prohibits abortion except when necessary to save the life of the pregnant person.
Mayday Health is a New York nonprofit established in 2022 that provides educational materials explaining how to access abortion pills legally, though it does not distribute the pills itself. In December 2025, Mayday placed advertisements at several South Dakota gas stations, prompting a complaint by South Dakota Attorney General Marty Jackley and subsequent orders to remove the ads.
Legal advocates emphasize that this ruling protects First Amendment rights to free speech. Jim Leach, attorney for Mayday Health, told Reuters the injunction "makes clear that the state cannot ban truthful information about abortion pills, regardless of one's views on abortion." Governor Larry Rhoden stated the law is "vitally important," reflecting his personal support for the restrictions.
This case highlights the ongoing tension between state abortion restrictions and constitutional protections for speech. Legal professionals advising clients on compliance should monitor potential further litigation that could clarify or alter the rights to advertise abortion-related information in conservative jurisdictions.
By the numbers:
- July 17, 2026 — Date of preliminary injunction issued by Judge Theeler
- March 2026 — Month South Dakota enacted the abortion information advertising ban
- December 2025 — When Mayday Health ran abortion pill ads in South Dakota
Yes, but: While the injunction blocks enforcement temporarily, South Dakota officials may appeal, prolonging legal uncertainty.
What's next: Further court proceedings will determine if the injunction becomes permanent or if the state’s ban will be reinstated.