Federal Court Halts South Dakota Felony Advertising Ban Against Abortion Nonprofit

Judge Theeler enjoined enforcement of SDCL § 22-17-5.1 against Mayday Health after finding its website links constitute neither commercial speech nor criminal facilitation.

U.S. District Judge Camela C. Theeler issued a preliminary injunction on July 17 blocking South Dakota from enforcing its abortion advertising statute against Mayday Health and attorney Nancy Turbak Berry [1]. The order suspends application of SDCL § 22-17-5.1, which classifies the advertisement of articles intended for unlawful abortion as a Class 6 felony [5]. The injunction is effective immediately and prevents state prosecutors from bringing charges under this specific provision against the named plaintiffs while litigation continues.

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