A girls silhouette using a smartphone device with a data concept overlay.
(Photo Credit: metamorworks/Shutterstock)

Nebraska abortion Facebook data overview:ย 

  • Who: Nebraska police have used subpoenaed Facebook data to file charges against a woman and her mother for allegedly performing an illegal abortion.ย 
  • Why: The charges come in the wake of the Supreme Court overturning Roe v. Wade and are among the first to use private Facebook data as evidence.ย ย 
  • Where: The charges were filed in Nebraska.ย 

Police in Nebraska have become among the first to use Facebook data to bring a criminal charge alleging an illegal abortion following the Supreme Courtโ€™s reversal of Roe v. Wade in June.ย 

Investigators from the Madison County Attorneyโ€™s Office say they subpoenaed the Facebook data of Celeste Burgess and her mother after the then-17 year old informed them in April that she had suffered a miscarriage, the Nebraska Examiner reports.ย 

The police claim, however, that private Facebook messages sent between Burgess and her mother, which were part of the subpoenaed data, showed the latter had purchased abortion pills used to end the pregnancy.ย 

Since the overturning of Roe v. Wade, abortion rights advocates have argued law enforcement officials could resort to using technology to track down and prosecute individuals seeking abortions, the Nebraska Examiner reports.ย 

Facebook parent company Meta, for its part, has said the search warrant it received for the data was before Roe v. Wade was overturned and did not mention abortion, Forbes reports.ย 

Madison County Attorney Joe Smith, meanwhile, said this is the first he has filed charges over an abortion during his 32-year tenure as a prosecutor, the Lincoln Journal Star reports.ย 

Smith also noted he believed he did not have any choice but to file the charges based on the evidence that was presented to him and the way the laws currently stand, the Nebraska Examiner reports.ย 

Police say alleged Nebraska abortion done later than legally allowed

Police argue the Nebraska abortion, which they allege was conducted more than 29 weeks into Burgessโ€™ pregnancy, was done later than 20 weeks, the length of time currently allowed under Nebraska law.ย 

Burgess, now 18, is being charged as an adult with one felony and two misdemeanors, while her mother is being charged with two misdemeanors and three felonies, including for allegedly performing an abortion, the Nebraska Examiner reports.ย 

Abortion currently remains legal in 27 states โ€” with time periods ranging from 15 weeks in Florida to throughout the duration of the pregnancy in Colorado โ€” while it is either illegal or soon to be illegal in 16 states.ย 

Google, meanwhile, announced in July that it would be deleting any location data related to to abortion clinics or other healthcare provider visits, in the wake of the Supreme Court overturning Roe v. Wade.

Developers for period tracking apps also announced, in June, that they would look into the data privacy protections in place for their users in the wake of the ruling.ย ย 

Do you believe authorities should be allowed to access private Facebook data to bring illegal abortion charges? Let us know in the comments!ย 


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6 thoughts onFacebook messages used to bring charges in Nebraska abortion case

  1. Colleen says:

    This is ridiculous. Add me

  2. Wayne Jenkins says:

    Add me

  3. Dannyboy says:

    No, this is ridiculous!!
    It is an outrage to womenโ€™s rights!

  4. Jared Edwards says:

    This is so ridiculous this is even a thing.
    17 and charged with a felony and so is the mother?

    The Handmaidโ€™eTale is more real than we think.

  5. Kallee says:

    ABSOLUTELY NOT. Everyone is pro-life, until they (or someone close) need an abortion.

  6. Jeannette Armstrong says:

    Absolutely not. I feel like they can manipulate evidence this way. A picture is not always worth a thousand words, and Iโ€™m sure theyโ€™re aware of deep fake. I think digital โ€œevidenceโ€ should remain digital. Tangible evidence should prevail. If they donโ€™t have tangible evidence โ€“ let it goโ€ฆ.

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