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Lucinda M. Finley, Professor of Law and Director of Appellate Advocacy, University at Buffalo

South Dakota’s abortion pill advertising ban runs into free speech roadblock

Abortion South Dakota Mayday Letitia James the Supreme Court the US Court of Appeals Idaho telehealth United States
It's very hard to legally prevent abortions today, even in states that ban them. GarikProst/iStock via Getty Images Plus

South Dakota is having trouble enforcing a law banning advertising about abortion pills. On July 17, 2026, less than three weeks after the ban took effect on July 1, U.S. District Judge Camela C. Theeler issued an injunction blocking its enforcement.

She ruled that the ban likely is unconstitutional in response to a lawsuit filed by Mayday Health, a nonprofit based in New York. Mayday’s website provides information about abortion pills, with links that can help women find a telemedicine provider.

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