NetChoice sues Virginia to block its one-hour social media limit for kids
The tech industry trade group NetChoice has initiated a legal battle against the state of Virginia over a controversial new law that seeks to limit minors’ social media usage to just one hour per day. This lawsuit, filed on Monday, argues that the law violates the First Amendment by imposing “unlawful barriers” on how Virginians can access free speech online. Governor Glenn Youngkin signed the legislation, known as SB 854, in May, with its enforcement set to begin on January 1, 2026. The law mandates that social media platforms must restrict users under the age of 16 to one hour of daily access unless they obtain parental permission, a stipulation that has raised significant concerns about the implications for privacy and security.
NetChoice contends that the law not only infringes on the rights of minors to engage with legal speech but also imposes onerous requirements on social media platforms to verify user ages. The legislation requires platforms to use “commercially reasonable methods” for age verification, which could potentially lead to invasive practices, such as requiring users to submit personal identification. This concern is underscored by recent incidents, such as a data breach at Discord that exposed the government IDs of approximately 70,000 users, highlighting the risks associated with such data collection. Paul Taske, co-director of the NetChoice Litigation Center, emphasized that the government should not dictate how long individuals can engage with various forms of media, likening it to restrictions on reading books or watching television.
Virginia’s law is particularly notable as it represents the first instance of a state imposing a strict time limit on minors’ social media use, although similar age verification requirements exist for adult content sites. NetChoice, which counts major tech companies like Meta, Google, Amazon, Reddit, and Discord among its supporters, has previously successfully challenged similar laws in other states. The organization argues that parental authority should remain central to decisions about children’s online engagement, asserting that Virginia’s approach not only undermines free speech rights but also increases the likelihood of privacy breaches. As the legal proceedings unfold, this case could set significant precedents for how states regulate minors’ access to social media and the responsibilities of tech companies in ensuring compliance.
The tech industry trade group NetChoice
is suing Virginia
over a new law that will restrict minors from using social media for more than one hour per day. The
lawsuit, filed on Monday
, asks the court to block the law over claims it violates the First Amendment by putting “unlawful barriers on how and when all Virginians can access free speech online.”
Virginia Governor Glenn Youngkin
signed the social media bill
(
SB 854
) into law in May, and it’s set to go into effect on January 1st, 2026. Under the law, social media platforms will have to prevent kids under 16 from using the sites for more than one hour every day unless they receive permission from a parent.
In addition to restricting access to legal speech, NetChoice alleges that Virginia’s incoming law will require platforms to verify user ages in ways that would pose privacy and security risks. The law requires platforms to use “commercially reasonable methods,” which it says include a screen that prompts the user to enter a birth date. However, NetChoice argues that Virginia could go beyond this requirement, citing
a post from Governor Youngkin on X
, stating “platforms must verify age,” potentially referring to stricter methods, like having users submit a government ID or other personal information.
We’ve already seen the risks of this data collection, as Discord revealed last month that around 70,000 users may have had their government IDs exposed during a customer service data breach related to age-related appeals.
NetChoice, which is backed by tech giants like Meta, Google, Amazon, Reddit, and Discord, alleges that the law puts a burden on minors’ ability to engage or consume speech online. “The First Amendment prohibits the government from placing these types of restrictions on accessing lawful and valuable speech, just in the same way that the government can’t tell you how long you could spend reading a book, watching a television program, or consuming a documentary,” Paul Taske, the codirector of the Netchoice Litigation Center, tells
The Verge
.
NetChoice has filed
—
and won
—
lawsuits 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 time limit for minors.
Virginia — like numerous other states — also requires porn sites
in the state to verify the ages of their users.
“Virginia must leave the parenting decisions where they belong: with parents,” Taske says. “By asserting that authority for itself, Virginia not only violates its citizens’ rights to free speech but also exposes them to increased risk of privacy and security breaches.”
