South Dakota Court Blocks State Ban on Abortion Advertising

A federal district judge issued a preliminary injunction halting enforcement of South Dakota’s law that prohibits advertising for abortion medication. The ruling, handed down by Judge Camela C. Theeler on July 17, finds the statute likely violates the First Amendment after Mayday Health sued over ads placed at gas stations across the state. Mayday Health’s attorney, Jim Leach, said, “Information should not be banned.”

The law, passed in early 2025, was a response to Mayday Health’s outreach and aims to bar the “dispensing, distribution, sale, or advertisement” of items used for an unlawful abortion. Governor Larry Rhoden expressed disappointment but noted the decision is preliminary. The case occurs amid a broader wave of anti‑abortion speech restrictions, including state bans on online content about abortion pills in Texas, Iowa and South Carolina, and campaigns by groups such as Repro Uncensored to restore censored pro‑choice accounts.

Legal analysts say the injunction underscores ongoing tensions between state‑level abortion restrictions and constitutional free‑speech protections, and the lawsuit is expected to continue through the courts.