NetChoice files lawsuit over Virginia law limiting children's use of social media

"The First Amendment forbids government from imposing time-limits on access to lawful speech," NetChoice Litigation Center Co-Director Paul Taske said

Published: November 17, 2025 2:56pm

The trade association NetChoice filed a lawsuit on Monday over Virginia's law limiting children's use of social media.

The law, SB 854, is set to take effect on Jan. 1, and will limit Virginia residents' access to free speech, NetChoice argues.

SB 854 requires users to verify if they are under 16 and then secure verifiable parental consent before allowing more than one hour of daily use per service.

NetChoice argues that limiting social media use to an hour "is no different than a law that curbs the time spent reading books, watching documentaries on TV or even having in-person conversations."

Also, requiring users to verify their age creates "additional privacy and security concerns for families, on top of such restrictions being blatantly unlawful," according to NetChoice.

“The First Amendment forbids government from imposing time-limits on access to lawful speech. Virginia’s government cannot force you to read a book in one-hour chunks, and it cannot force you to watch a movie or documentary in state-preferred increments. That does not change when the speech in question happens online,” NetChoice Litigation Center Co-Director Paul Taske said in a statement.

“Virginia must leave the parenting decisions where they belong: with parents. 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. We look forward to defending Virginians’ First Amendment rights in court.”

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