Four Years After Dobbs, Anti-Abortion Lawmakers Keep Coming For Online Speech

Free Speech

from the taking-away-rights-is-an-ongoing-process dept

Last week marks four years since Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade’s constitutional protections for people seeking abortion care. Anniversaries are a moment to take stock, and over the last four years, EFF has seen firsthand how digital rights and reproductive rights have become increasingly intertwined. One major way this has happened: the fight over abortion has also become a fight over online speech and government censorship as a steady stream of proposed laws, cease-and-desist letters, lawsuits, and government investigations have targeted the websites and online resources that help people find and learn about reproductive healthcare.

This is an effort by anti-abortion government officials to mold the information ecosystem, restrict what people can read, and cut off the ways people communicate with one another. We’ve watched this build for years, and the encouraging news is that many of these efforts have failed. The worrying news is that they keep coming. And if they’re allowed to succeed, this could have repercussions for freedom of expression online beyond reproductive rights.

Targeting Sites That Just Share Information

The clearest tell that this is also a war on speech is that officials have aimed their efforts not just at abortion providers or the entities that prescribe and sell medication abortion, but also at websites that do nothing more than tell people what their options are, how to find a doctor, and where abortion remains legal.

Cease-and-Desists & Takedown Demands

State attorneys general have been hitting these online information hubs with cease-and-desist letters and takedown demands. Just this month, for example, Alabama Attorney General Steve Marshall sent cease-and-desist letters to multiple groups with abortion-related websites, including Plan C, a public health campaign that provides educational resources and research on abortion access. Plan C doesn’t sell or ship abortion pills. It simply provides information. Marshall’s office nonetheless claimed Plan C’s website “facilitates, aids, and abets” illegal abortion. The Arkansas attorney general similarly sent out cease-and-desists to several organizations regarding their websites, including Mayday Health, which, like Plan C, provides only information and does not directly prescribe or mail pills.

In another example from earlier this year, North Dakota Attorney General Drew Wrigley threatened legal action and ordered the Prairie Abortion Fund to scrub information off of its website, not because the fund sold pills, but because its site linked to several outside informational resources. The Attorney General primarily focused on the fund’s link to Plan C, meaning the biggest alleged issue was a link to a website that links to other websites where pills can be accessed.

What’s especially concerning is that the state doesn’t have to win, or even file, a lawsuit to get what it wants. Especially for smaller organizations and funds, a letter threatening legal action can be enough to chill their speech, causing them to remove important content and go quiet.

Censorship Mandates

Legislators in multiple states have also attempted to make it illegal to share resources on how to obtain an abortion, including on purely informational websites with a national or global audience. South Dakota recently passed a law making it a felony to “advertise” anything “described in a manner calculated to lead another to use or apply it for producing an abortion.” Language this broad can easily apply to websites that simply engage in First Amendment-protected advocacy or provide educational resources. Mayday Health, which operates one such website, has since sued the state in federal court to block the law. The lawsuit argues the law could reach something as small as wearing a sweatshirt that carries Mayday’s web address.

Other state legislatures have made similar efforts. Last year, for example, Texas introduced a bill that would have made it illegal to “provide information” on how to obtain an abortion-inducing drug. If you exchanged emails, had an online chat, or created a website that shared information about legal abortion services in other states, you could have violated this bill. Luckily this particular bill did not pass, but Texas has attempted to pass similar laws for several years now.

Dressing Censorship Up as Consumer Protection

A major way anti-abortion officials are targeting online speech is by weaponizing consumer protection and deceptive advertising laws, claiming that providing information about abortion violates them. This tactic is a threat to free speech rights. The First Amendment protects publishing truthful information on a public issue, and the Supreme Court has expressly said that includes providing information about legal abortion in a state where it is illegal.

Yet states like South Dakota have continued to use deceptive advertising claims to go after abortion speech. Last year, South Dakota sent a cease-and-desist and then filed a lawsuit against Mayday Health for running ads that simply read: “Pregnant? Don’t want to be?” with a link to Mayday’s website. The state claimed the ads were “deceptive.” Mayday then counter-sued in federal court, challenging South Dakota’s actions under the First Amendment. Though the federal judge ultimately declined to step in while the parallel state case was pending, she made a point of saying she believed Mayday’s website constitutes “speech subject to protection under the First Amendment.”

Other states have attempted to run the same play. Missouri sued Planned Parenthood in 2025 under its consumer-protection statute, calling a webpage that says abortion pills are safe an “unfair and deceptive” trade practice. Florida went even further, invoking its RICO law—a law typically used for organized crime—over the same kind of statement. Florida leaned heavily on a single study funded by an anti-abortion think tank, even as major medical organizations and decades of research put the serious-complication rate below half a percent. States should not be able to cherry-pick studies in order to erase online speech.

Going After Intermediaries & Erasing Whole Websites

Some officials aren’t content to restrict only certain abortion-related content—they want the websites gone entirely.

Take, for example, the cease-and-desist letters sent by the Arkansas attorney general last year. Letters were sent directly to internet intermediaries (entities that facilitate use of the internet, such as internet service providers, web-hosting providers, or things like search engines and social media platforms). The letters demanded that both a domain registry company and a web host stop supporting a site that discusses abortion drugs. But as we know, if we cut off the host or the domain, the speech disappears for everyone—not just for people in Arkansas.

Likewise, Texas’s 2025 bill would have required intermediaries to take down abortion-related content. It’s worth remembering that the imposition of civil and criminal liability on intermediaries also conflicts with a federal law that protects online intermediaries’ ability to host user-generated speech, 47 U.S.C. § 230 (“Section 230”), including speech about abortion medication.

The push has gone federal, too. In March 2026, Senator Bill Cassidy and colleagues on the Senate Health, Education, Labor and Pensions Committee pressed the FDA to use every tool it has against online sellers, including leaning on the domain registrars that keep these sites online.

Why This Should Worry Everyone

It’s tempting to see this as limited to the fight over reproductive rights. That would be a mistake. For people seeking care, the immediate harm is obvious: the internet is often the only place to find accurate, potentially life-saving information, and every letter, lawsuit, and takedown threat makes that information harder to find and riskier to share.

But the damage doesn’t stop there. We’re witnessing a live experiment in how to use consumer-protection laws, criminal statutes, and pressure on intermediaries to suppress a disfavored viewpoint, pull information offline, and make websites disappear. To think these tactics can only be used against abortion speech would be naïve. 

We hope courts and legislatures will continue to protect free speech online. But the continued drumbeat of threatening letters, lawsuits, and investigations is its own kind of harm. Here at EFF, we’ll keep defending the right to share and read information online—about abortion, and about everything else.

Republished from the EFF’s Deeplinks blog.

Filed Under: 1st amendment, abortion, censorship, dobbs, speech