Tech advocacy group NetChoice has filed a lawsuit against the state of Virginia, taking aim at a new law that caps minors’ social media use at one hour a day. The suit, filed on Monday, argues the law violates First Amendment rights by placing “unlawful barriers” on how Virginians express themselves online.
Virginia Governor Glenn Youngkin signed the bill — SB 854 — into law in May. It’s set to take effect on January 1, 2026. Once active, social media platforms will have to restrict users under 16 to one hour of access daily unless a parent explicitly grants more time.
NetChoice’s objections go beyond the time limit itself. The group argues the law forces social media companies to verify user ages, which raises real privacy and security risks. Platforms would be required to use “commercially reasonable methods” for age verification — language NetChoice warns could quickly push toward more invasive practices. Pointing to a tweet from Governor Youngkin stating that “platforms must verify age,” the organization flags the possibility that users could end up handing over government IDs or other sensitive personal data just to log on.
Those concerns aren’t abstract. Last month, Discord disclosed that a data breach tied to age verification had potentially exposed the government IDs of around 70,000 users.
NetChoice counts Meta, Google, Amazon, Reddit, and Discord among its supporters, and the group argues the law unfairly restricts minors’ ability to access and engage with online content. “The First Amendment prohibits the government from imposing restrictions on accessing lawful and valuable speech, just as it wouldn’t dictate how long you can read a book, watch television, or enjoy a documentary,” said Paul Taske, co-director of the NetChoice Litigation Center, in an interview with The Verge.
“Virginia must leave parenting decisions where they rightfully belong: with parents,” Taske said. “By overstepping its bounds, Virginia not only undermines its citizens’ rights to free speech but also heightens the risk of privacy and security breaches.”
