Activists Sue To Stop Red State’s Ban On Advertising Abortion Pills

South Dakota is poised to ban advertising for abortion pills next month, but a New York-based chemical abortion advocacy group is trying to stop them.

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Mayday Health and former Democratic South Dakota lawmaker Nancy Berry filed a complaint against South Dakota’s governor and attorney general claiming that the state’s incoming law violates free speech, South Dakota Searchlight reported Friday evening.

The bill penalizing those who advertise abortion pills with up to 2 years in prison was signed into law by Republican Gov. Larry Rhoden in March, and is set to take effect in July, according to South Dakota Searchlight. (RELATED: Josh Hawley Introduces Bill Forcing Trump Admin To Protect Unborn From Chemical Abortion)

“Funny how Republican Attorneys General obsess over the first amendment until women’s reproductive freedom gets in the way. We are suing states that try to ban free speech. And in the meantime, we’ll continue to spread First Amendment protected information about safe, effective, and FDA-approved abortion pills,” Mayday Health Executive Director Leo Raisner told the DCNF.

The New York-based nonprofit’s mission is to “share information about abortion pills, birth control, and gender-affirming care in any state. We hope to empower people to make their own informed decisions about their own bodies,” according to its website.

“If Mayday Health and the abortion lobby want to sue us for defending unborn life, bring it on,” Gov. Larry Rhoden posted to X on Friday.

“The U.S. Supreme Court has made it clear that States have the right to protect life. As with Mayday’s previous unsuccessful lawsuit, I will defend innocent life,” South Dakota Attorney General Marty Jackley stated in a May 29 press release.

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South Dakota sued Mayday Health for posting ads saying “PREGNANT? DON’T WANT BE?” at gas stations within the state, Courthouse News Service reported last December.

Over 1 in 10 patients who took mifepristone experienced a “serious adverse event” within 45 days of taking the abortion pill, according to an Ethics and Public Policy Center (EPPC) study published April 2025.

Following the release of the EPPC’s study, Health and Human Services Secretary Robert F. Kennedy Jr. launched a review of the abortion pill’s potential health risks, the DCNF reported last September.

Editor’s note: This story has been updated to reflect comment received after publication from Mayday Health.

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