A nonprofit organization that distributes information about medication abortion has initiated legal proceedings against South Dakota’s top officials, challenging a recently enacted law that the group claims threatens its constitutional rights to free speech.
Mayday Health filed the lawsuit on Friday in federal court in Sioux Falls, naming Governor Larry Rhoden and Attorney General Marty Jackley as defendants. The organization contends that House Bill 1274, signed into law on March 20, effectively criminalizes their educational activities and creates a credible threat of prosecution for engaging in constitutionally protected speech.
The legal dispute centers on provisions within the new law that prohibit advertising for abortion pills that are illegal in South Dakota. According to the complaint, Governor Rhoden’s press release announcing the law’s signing specifically referenced Mayday Health and accused the organization of illegal conduct, which the nonprofit argues demonstrates the law’s targeted nature.
This lawsuit represents the continuation of an ongoing legal battle between the state and Mayday Health. The organization was established following the Supreme Court’s 2022 decision in Dobbs v. Jackson, which eliminated the federal constitutional right to abortion access and returned regulatory authority to individual states.
The conflict escalated last year when South Dakota initiated legal action against Mayday Health regarding billboards displayed at gas stations featuring the message “PREGNANT? DON’T WANT BE?” This lawsuit followed a cease and desist letter issued in December by Attorney General Jackley, who characterized the nonprofit’s activities as deceptive advertising of abortion pills.
South Dakota maintains strict abortion regulations, with the procedure banned except under specific, limited circumstances. State law additionally prohibits the administration or procurement of any medication, drug, or substance intended to induce abortion.
In response to the state’s actions, Mayday Health filed its own federal lawsuit in New York, asserting free speech violations. The competing lawsuits were resolved through a settlement in March, with Mayday agreeing to discontinue the gas station billboard campaign.
The current complaint raises two primary legal arguments. First, Mayday Health contends that House Bill 1274, as applied to the organization and to a South Dakota attorney who wears clothing displaying abortion pill information, violates First Amendment protections. Second, the nonprofit invokes Section 230 of the Communications Decency Act, arguing it cannot be held liable for links to third-party websites.
Attorney General Jackley responded to the lawsuit with a statement emphasizing the state’s position on protecting life, characterizing the legal challenge as unsuccessful and pledging to defend what he termed “innocent life.”
Mayday Health is seeking both preliminary and permanent injunctions that would prevent state officials from enforcing the law against the organization. The nonprofit has retained legal representation from James D. Leach, based in Rapid City, South Dakota.
The case highlights the ongoing tensions between state abortion restrictions and organizations seeking to provide information about reproductive health options. As states continue to implement varying abortion regulations following the Dobbs decision, legal challenges focusing on the intersection of abortion access and free speech rights are likely to persist.
The outcome of this case could have implications for how states regulate abortion-related information and the extent to which First Amendment protections apply to organizations providing educational materials about reproductive health options in states with restrictive abortion laws.
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