Tech industry trade group NetChoice is suing Virginia over a new law that would ban minors from using social media for more than an hour a day. The lawsuit, filed Monday, asks the court to block the law on claims that it violates the First Amendment by “imposing unlawful constraints 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 will take effect on January 1, 2026. Under the law, social media platforms must prevent children under 16 from using the sites for more than an hour each day unless they get permission from a parent.
In addition to restricting access to legal speech, NetChoice alleges that Virginia’s upcoming law would require platforms to verify a user’s age in a way that creates privacy and security risks. The law requires platforms to use “commercially reasonable methods”, including a screen that prompts the user to enter a date of birth. However, NetChoice argues that Virginia may go beyond this requirement, citing a post by Governor Youngkin on X, stating that “platforms must verify age”, potentially referring to stricter methods, such as requiring users to submit government IDs or other personal information.
We’ve already seen the risks of this data collection, as Discord revealed last month that the government IDs of nearly 70,000 users may have been 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 the law burdens the ability of minors to conduct or consume speech online. Paul Taske, co-director of the NetChoice Litigation Center, explains, “The First Amendment prevents the government from imposing these types of restrictions on access to lawful and valuable speech, just as the government can’t tell you how much time you can spend reading a book, watching a television program, or watching a documentary.” The Verge,
“Virginia should leave parenting decisions where they belong: on the parents,” says Taske. “By claiming that right for itself, Virginia not only violates its citizens’ free speech rights, but also exposes them to increased risk of privacy and security violations.”