A federal judge has blocked South Dakota from enforcing a law that would have criminalized providing information about abortion, handing a significant First Amendment victory to a nonprofit that connects women with medical resources.
U.S. District Court granted a preliminary injunction Friday to Mayday Health, which sued the state in May after Governor Larry Rhoden signed House Bill 1274 into law. The measure, which took effect July 1, prohibited advertising and distributing materials related to abortion procedures—even basic information.
South Dakota already bans nearly all abortions. The new law went further, targeting speech itself.
What Mayday Health Does and Why the State Targeted It
Mayday Health is a nonprofit that provides information about abortion access. It doesn’t perform procedures or directly provide medications. It offers educational resources and connects women with legal options, including services in other states where abortion remains available.
The organization argued that HB 1274 criminalized constitutionally protected speech and threatened it with prosecution simply for sharing factual information. It also invoked Section 230 of the Communications Decency Act, which shields online platforms from liability for third-party content, including links to external websites.
The state legislature passed the bill during its 2026 session. Republican Governor Rhoden signed it March 20.
The Court’s Reasoning on Free Speech
While the full ruling details weren’t immediately available, the injunction prevents South Dakota officials—including the governor and attorney general—from enforcing the statute against Mayday Health while the case proceeds.
The organization had asked the court to declare the law unconstitutional both as applied to its specific activities and in general application. The preliminary injunction suggests the judge found Mayday likely to succeed on its First Amendment claims.
This marks the latest clash between states seeking to restrict abortion-related activity after the Supreme Court’s Dobbs decision and organizations that believe sharing information remains protected speech, regardless of political controversy.
What Happens Next
The injunction is preliminary, meaning the underlying case continues. South Dakota could appeal the decision or proceed to argue its case on the merits. For now, Mayday Health can continue its work without fear of state prosecution under HB 1274.
The case tests how far states can go in regulating not just abortion itself, but talking about it. That question matters beyond South Dakota’s borders.
Key Points
- Federal judge granted preliminary injunction blocking HB 1274, which prohibited advertising or distributing abortion-related materials
- Mayday Health argued the law criminalized constitutionally protected speech and violated Section 230 protections for online platforms
- South Dakota already bans nearly all abortions; the new law targeted information itself, not procedures
https://www.courthousenews.com/south-dakota-federal-judge-sides-with-abortion-information-provider/ – July 17, 2026
