A legal challenge to South Dakota’s new law banning abortion medication advertising returned to federal court Tuesday, as attorneys argued whether the measure violates free speech protections.
The law, House Bill 1274, prohibits ads for abortion pills in the state and allows civil penalties for possessing or distributing them.
Nonprofit Mayday Health and a South Dakota attorney argue the law is unconstitutional, saying it restricts First Amendment rights. Their lawsuit follows a dispute with the state over ads placed in December promoting access to abortion medication.
State officials defended the law, saying it is intended to protect public health. Attorney General Marty Jackley said lawmakers acted to address concerns about abortion pills entering the state.
The case is part of a broader national debate over abortion access and free speech, with a judge expected to decide whether the law can be enforced.
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