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

Although states have the power to regulate medical care, they cannot exercise that power by prohibiting speech on medical topics that the state disagrees with.

By: Lucinda M. Finley, University at Buffalo, The Conversation

Outlets: The Conversation

Published: July 24, 2026

Words: 1,584

Last Updated: 3 weeks, 5 days ago

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By Lucinda M. Finley, University at Buffalo

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 …

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