Netchoice Sues Virginia To Block Its One-hour Social Media Limit For Kids

The tech manufacture waste and acquisition group NetChoice is suing Virginia complete a caller rule that will restrict minors from utilizing societal media for much than 1 hr per day. The lawsuit, revenge connected Monday, asks nan tribunal to artifact nan rule complete claims it violates nan First Amendment by putting “unlawful barriers connected really and erstwhile each Virginians tin entree free reside online.”

Virginia Governor Glenn Youngkin signed nan societal media bill (SB 854) into rule successful May, and it’s group to spell into effect connected January 1st, 2026. Under nan law, societal media platforms will person to forestall kids nether 16 from utilizing nan sites for much than 1 hr each time unless they person support from a parent.

In summation to restricting entree to ineligible speech, NetChoice alleges that Virginia’s incoming rule will require platforms to verify personification ages successful ways that would airs privateness and information risks. The rule requires platforms to usage “commercially reasonable methods,” which it says see a surface that prompts nan personification to participate a commencement date. However, NetChoice argues that Virginia could spell beyond this requirement, citing a station from Governor Youngkin connected X, stating “platforms must verify age,” perchance referring to stricter methods, for illustration having users taxable a authorities ID aliases different individual information.

We’ve already seen nan risks of this information collection, arsenic Discord revealed past period that astir 70,000 users whitethorn person had their authorities IDs exposed during a customer work information breach related to age-related appeals.

NetChoice, which is backed by tech giants for illustration Meta, Google, Amazon, Reddit, and Discord, alleges that nan rule puts a load connected minors’ expertise to prosecute aliases devour reside online. “The First Amendment prohibits nan authorities from placing these types of restrictions connected accessing lawful and valuable speech, conscionable successful nan aforesaid measurement that nan authorities can’t show you really agelong you could walk reference a book, watching a tv program, aliases consuming a documentary,” Paul Taske, nan co-director of nan Netchoice Litigation Center, tells The Verge.

NetChoice has filed — and won — lawsuits against respective different states that person enacted laws requiring societal media platforms to instrumentality property verification requirements, though Virginia appears to beryllium nan first to enforce a strict clip limit for minors. Virginia — like galore different states — besides requires porn sites successful nan authorities to verify nan ages of their users. 

“Virginia must time off nan parenting decisions wherever they belong: pinch parents,” Taske says. “By asserting that authority for itself, Virginia not only violates its citizens’ authorities to free reside but besides exposes them to accrued consequence of privateness and information breaches.”