Nightmare Anti-Abortion Duo Throws Anti-Free-Speech Fit Over Gas Station Ads
The South Dakota Governor and Attorney General are threatening legal action against a reproductive rights organization for their latest campaign.
Photos: governor.sd.gov/atg.sd.gov AbortionPolitics
In the latest chapter of a seemingly never-ending news cycle of anti-abortion Republicans throwing legally charged hissy fits over the abortion pill, this week, in South Dakota, a series of gas-station advertisements from Mayday Health has thrown Governor Larry Rhoden and Attorney General Marty Jackley into a free-speech stomping crusade.
Mayday Health, a New York-based “reproductive health education nonprofit” founded after the Supreme Court killed Roe v. Wade in 2022, is one of countless organizations that have refused to abandon Americans who live in states where abortion is banned. Over the summer, they ran more than 120 mifepristone and misoprostol ads on billboards, trucks, gas stations, and in newspapers in states like Kentucky, West Virginia, and Texas—all of which have a near-total or total abortion ban.
Mayday’s latest ad campaign, which was supposed to run at 30 gas stations across South Dakota beginning on December 8, included signs that read, “Pregnant? Don’t want to be?” along with a link to the Mayday website. But Jackley and Rhoden are seemingly not personal fans of education and are threatening the organization with legal action. So much for the GOP being the Free Speech Warrior party, or whatever they tell themselves in their teeny tiny brains.
On Tuesday, Rhoden boasted about the state’s “pro-life laws” (translation: near-total ban) and wrote a letter to Jackley telling him to shut down the campaign. “Mayday Health website advertises several abortion pill providers that ‘Ship to all 50 states’, which would presumably include South Dakota,” he wrote. (Smart boy.) “I urge you to investigate accordingly.” Jackley sent his cease-and-desist the next day, reminding the organization of his state’s cruel and near-total abortion ban and—confusingly—claimed the ads encourage women to “keep their abortion a secret” and not seek medical care if they need any.
But reading comprehension is not a Republican strong suit. “Mayday Health spreads awareness that abortion pills are safe, effective, and have been FDA approved for over 20 years,” Executive Director Liv Raisner told the Searchlight in a statement. “This is First Amendment-protected free speech. We don’t sell abortion pills, we just believe people should know their options.” The ACLU of South Dakota also condemned Jackley and Rhoden’s actions as “a politically motivated attack on free speech.”
Jackley said he’ll sue Mayday if they refuse to comply and have until December 19 to let them know. Rhoden then praised Jackley for violating the First Amendment rights of an education nonprofit, writing, “South Dakota moms and babies deserve to be protected from deceptive advertising.” (Funny, what they actually need protecting from is Republicans.)
Calling out censorship has become an inescapable part of Mayday’s work: In 2022, Spotify blocked their ads on abortion pills; in 2024, it was one of six organizations that claimed they were being censored by Meta; and in 2025, Raisner spoke out about how The Times-Picayune refused to run an ad of theirs that featured a photo of Amy Coney Barrett and read, “Abortion pills are more popular than ever. Thanks, Amy.” As of Wednesday night, Mayday reported that only 14 gas stations are running the ads.
South Dakota is one of 13 states with a near-total abortion ban, with Jackley being one of the 22 AGs who quietly asked the FDA to go after the abortion pill over the summer. (FDA Commissioner Marty Makary agreed to re-review the pill in September, but recent reporting suggests he’s instructed the agency to delay the review until after the 2026 midterms.) Yet the truth remains—and was reaffirmed earlier this week—that abortion bans do not mean Americans will stop needing abortion care. Maybe we can get Republicans a picture book to help them understand better.
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