Rhoden and Jackley Attack Abortion Information Ads with Medical and Legal Baloney – Dakota Free Press

Mayday Health is advertising its information about reproductive health services at some South Dakota gas stations:

Starting Monday, Dec. 8, 30 gas stations in 20 South Dakota cities will have abortion pill advertisements as a part of Mayday Health’s effort to spread information about the pills and abortion options.

The signs, posted above gas pumps, read “Pregnant? Don’t want to be?” with a link to the organization’s website.

“We’re putting up ads at gas stations because we think that everyone deserves access to accurate medical information, and gas stations are great places to spread information,” [said] Executive Director Liv Raisner… [Gracie Terrall and Eric Mayer, “Abortion Pill Ads Hit South Dakota Gas Stations,” KELO-TV, updated 2025.12.09].

South Dakota Republicans are again demonstrating their hatred of free speech by threatening to take the advertisers to court:

Today, Governor Larry Rhoden urged Attorney General Marty Jackley to investigate a new abortion ad campaign, which appears to conflict with South Dakota’s proud pro-life stance. He made this request in a letter, which you can find here. The Attorney General quickly agreed to pursue the investigation.

“South Dakota has the most pro-life laws in the nation – I am proud of that fact,” wrote Governor Larry Rhoden. “This advertising campaign threatens the lives of children yet to be born in our state, and it also threatens the health of South Dakota mothers, as chemical abortions are four times as likely to cause a mother to end up in the emergency room.”

…Mayday Health is advertising abortion pills at 30 gas stations in 20 South Dakota cities. This campaign is potentially in violation of South Dakota’s pro-life laws, including SDCL 22-17-5.1 and 36-4-8, or could even be a deceptive trade practice.

“All ad campaigns, no matter what the issue, need to follow state laws and fair trade practices,” said Attorney General Marty Jackley. “We will review these ads and determine if any laws have been broken. If laws have been broken, we will take appropriate action” [Governor Larry Rhoden, press release, 2025.12.09].

First, medically speaking, Governor Rhoden is lying about abortion pills and emergency room visits. His claim about heightened risk of emergency room visits comes from discredited research from anti-abortion activists who put their agenda above rigorous, reliable science.

Second, the laws Rhoden cites don’t affect Mayday Health’s ads.

SDCL 22-17-5.1 says you can’t administer, prescribe, or procure abortion services for any pregnant woman unless the pregnancy is going to kill the woman. Mayday Health’s ad does not administer, prescribe, or procure anything. It simply tells pregnant women (and other interested gas station customers) where they can learn about abortion, morning-after pills, birth control, and gender-affirming care. They aren’t performing abortions. They aren’t handing out mifepristone. They aren’t breaking the abortion ban.

SDCL 36-4-8 says you can’t practice medicine without a state license, and if you have a license, you can’t prescribe medicine to induce medical abortions. Mayday Health isn’t practicing medicine any more than Governor Rhoden is when he lies about the risks of abortion pills or than I am when I provide links correcting Rhoden’s bunk. Mayday Health isn’t breaking that law.

SDCL Chapter 37-24 bans deceptive practices in trade—i.e., selling things. Mayday Health doesn’t appear to be selling anything; they just give people information about where they can buy goods and services. And unlike Governor Rhoden, Mayday Health isn’t lying about anything. Mayday Health doesn’t appear to be committing any of the deceptive practices listed under SDCL 37-24-6.

Rhoden and Jackley are trying to scare Mayday Health away from educating South Dakota women about reproductive choice. But don’t expect Jackley to come up with any case against these non-profit educators that will hold up in court.

Now if only we had a chapter on deceptive political practices under which we could charge Rhoden and Jackley the next time they claim to support free speech.