Tech industry trade group NetChoice is suing Virginia over a new law that would limit minors from using social media for more than an hour a day.
See also: Australia – Social media ban for children: Reddit also on the list
Virginia law would require social media platforms to limit the time children under 16 on their sites, with parental permission required for longer sessions.
The lawsuit, filed Monday, asks the court to block the law, claiming it violates the First Amendment by placing “unlawful barriers to how and when all Virginians can access free expression online.”
Virginia Governor Glenn Youngkinsigned the Social Media Act (SB 854) into law in May, and it is set to take effect on January 1, 2026.Under the law, social media platforms would have to prevent children under 16 from using the sites for more than one hour each day unless they get permission from a parent.
In addition to restricting access to lawful expression, NetChoice claims that the upcoming Virginia law will require platforms to verify users’ ages in ways that could pose privacy and security risks. The law requires platforms to use “commercially reasonable methods,” which include a screen that asks the user to enter a date of birth. However, NetChoice argues that Virginia could go further than that requirement, citing a post by Gov. Youngkin on X, stating that “platforms must verify age,” likely referring to stricter methods, such as requiring users to submit government-issued ID or other personal information.
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We've already seen the dangers of this data collection, as Discord revealed last month that the government identities of around 70,000 users may have been exposed during a customer service data breach related to age appeals.
NetChoice, which is backed by tech giants including Meta, Google, Amazon, Reddit and Discord, argues that the law burdens minors’ ability to participate in or consume expression online. “The First Amendment prohibits the government from placing these types of restrictions on access to lawful and valuable expression, just as the government cannot tell you how much time you can spend reading a book, watching a television program or consuming a documentary,” says Paul Taske, co-director of the Netchoice Litigation Center.
NetChoice has filed—and won—suits against several other states that have enacted laws requiring social media platforms to implement age verification requirements, though Virginia appears to be the first to impose a strict age limit on minors. Virginia—like many other states—also requires pornographic websites in the state to verify the ages of their users.
See also: EU accuses Meta and TikTok of failing to protect children
“Virginia should leave parenting decisions where they belong: with parents,” Taske says. “By taking this power for itself, Virginia not only violates its citizens’ rights to free expression, but also exposes them to increased risk of privacy and security violations.”
