NEW YORK — A New York court today has issued a decision which dismissed a federal case surrounding controversial advertisements and officially ended an injunction filed by Mayday Health a month ago, blocking legal action by the state of South Dakota, who for several months now have been pursuing legal action against healthcare information provider Mayday Health, a New York-based national organization.
Attorney General for South Dakota, Marty Jackley said in a press conference this afternoon that given the court’s decision that the state of New York does not have jurisdiction in the matter, the case will be pursued domestically, with proceedings beginning in Hughes County on February 12.
Controversy surrounding the embattled organization surrounds a series of ads placed at several gas stations around the state. These ads, reading phrases like “Pregnant? Don’t Want To Be?” quickly drew the attention of the Attorney General and Governor Larry Rhoden, the former of whom issued a Cease and Desist which Mayday declined to adhere to, asserting first amendment rights application to corporate speech (Citizens United v. FEC, 2010).
“My position has been clear and unwavering: as Attorney General that if there’s conduct harmful to South Dakotans, I will fight and that will happen on February 20th here in Hughes County.” said Jackley, who held that the organization’s website did not contain information related to potential dangers associated with abortion medication, and did not encourage those experiencing complications associated with Plan C medication to seek medical attention.
Mayday Health’s FAQ section appears to cite the FDA Approval of the Plan C medications Mifepristone and Misoprostol, as well as addressing potential risks associated with Plan C in some cases. (Via Mayday.Health)
Responding to a question on potential for the case to “chill” free speech related to medical issues following the case, Jackley said “I think that would actually support medical in the future, because it doesn’t make public health or safety sense to advise the public, especially a pregnant woman. If you take a pill that has been sent illegally to you, you have complications to not go seek medical attention [sic]. There are important aspects of public health and safety here.
The last thing the Attorney General would ever want to do is take action that would be a chilling effect on speech. That’s not what’s happening here. This is a deceptive act, and when it’s deceptive, it is an unprotected speech. you know, there are key decisions that allow Advertisement for certain activities, it allows free speech. If you believe methamphetamine is legal, you can advertise that, but what you can’t do is connect the meth addict to the methamphetamine”.
