Judge blocks South Dakota abortion advertising ban against nonprofit
The judge said the state failed to show the law met strict scrutiny and that Mayday Health is likely to win the case.
- A federal judge issued a preliminary injunction blocking South Dakota from enforcing its abortion advertising ban against Mayday Health and Nancy Turbak Berry.
- The law, signed in March, prohibits the distribution and advertisement of unlawful abortion services such as abortion pills in South Dakota.
- Judge Camela C. Theeler stated the nonprofit was likely to win the case and noted that the state failed to prove the law met strict scrutiny requirements.
- Attorney Jim Leach noted that the ruling confirms the state cannot ban information about abortion.
20 Articles
20 Articles
Judge temporarily blocks South Dakota’s abortion-pill advertising ban as lawsuit continues
Mayday Health posted signs like this one at gas stations around South Dakota in December 2025 as part of a campaign to spread awareness about the availability of abortion pills. (Courtesy of Mayday Health)A new South Dakota law that criminalizes the advertising of abortion pills cannot be enforced while a lawsuit against it continues, a federal judge ruled Friday. Nancy Turbak Berry, who formerly served as a Democratic state legislator from Wate…
Federal judge rules state law banning ads for abortion pills could violate First Amendment
Photo by Christina Victoria Craft on UnsplashA federal judge ruled Friday that the state cannot enforce a new law that criminalizes advertisements for abortion drugs or services while a lawsuit brought by Mayday Health plays out in court.Judge Camela Theeler granted Mayday Health and Watertown lawyer Nancy Turbak Berry a preliminary injunction in their lawsuit against the state. The injunction blocks the state from prosecuting Mayday and Turbak …
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