Context:

South Dakota moves to ban advertising for abortion pills with penalties up to two years in prison, prompting a lawsuit by Mayday Health and former South Dakota lawmaker Nancy Berry who argue the measure violates free speech. The law, signed by Gov. Larry Rhoden in March, is set to take effect in July as opponents vow further action. State officials defend the ban, citing both pro-life commitments and statutory authority, while past tensions include a separate suit over at-gas-station ads. The dispute unfolds amid ongoing scrutiny of abortion-pill safety, including a study noting serious adverse events in a notable minority of users and a federal review launched by Health and Human Services Secretary Kennedy Jr. The outcome will shape states’ advertising restrictions and the national policy debate on abortion-pill information and safety.

Dive Deeper:

• Mayday Health, a New York-based nonprofit focused on abortion pills, along with former Democratic South Dakota lawmaker Nancy Berry, filed a legal complaint against Governor Rhoden and the state attorney general arguing the advertising ban infringes free speech.

• The bill imposes penalties of up to two years in prison for entities that advertise abortion pills, and it was signed into law by Republican Governor Rhoden in March, with enforcement slated to begin in July.

• South Dakota Attorney General Marty Jackley defended the measure, framing it as defending innocent life and asserting states’ right to regulate abortion under Supreme Court precedent.

• In a prior conflict, South Dakota sued Mayday Health for posting ads reading 'PREGNANT? DON’T WANT BE?' at gas stations within the state, illustrating ongoing frictions between state authorities and abortion-information campaigns.

• A study from the Ethics and Public Policy Center reported that over 1 in 10 patients who used mifepristone experienced a serious adverse event within 45 days, prompting heightened scrutiny of abortion-pill risks.

• Following the study’s release, Health and Human Services Secretary Robert F. Kennedy Jr. announced a formal review of the abortion pill’s potential health risks, signaling renewed federal attention to safety concerns.