NetChoice Sues Virginia on Social Media Age-Verification Bill
NetChoice sued Virginia on Monday over a social media law amending the state's privacy statute. The measure under challenge amended the Virginia Consumer Data Protection Act to require that social media platforms conduct age verification and set a one-hour daily time limit for users younger than 16, unless a parent consents for additional time.
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NetChoice, in a complaint at the U.S. District Court for Eastern Virginia, argued that the law is a violation of free speech and increases cybersecurity risks. SB-854, set to go into effect Jan. 1, 2026, “is the latest attempt in a long line of government efforts to restrict new forms of constitutionally protected expression based on concerns about their potential effects on minors,” said the complaint in case 1:25-cv-02067.
Though the complaint agrees “states certainly have a legitimate interest in protecting minors who use” online services, “restricting the ability of minors (and adults) to access them via age verification and parental consent requirements is not a narrowly tailored means of advancing any such interest.”
NetChoice further argues that many apps already “prohibit minors under 13 from accessing their main services” or “offer separate experiences for users under 13 geared for that age group.” Additionally, apps and platforms come with parental controls built into various levels, where parents can already control what access their child has and what privacy settings are on.
“Virginia must leave the parenting decisions where they belong: with parents,” Paul Taske, co-director of NetChoice’s litigation center, said in a release. “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."
Virginia Gov. Glenn Youngkin (R) signed SB-854 in May (see 2505050045). In addition to the time limits set for users younger than 16, Youngkin asked that the bill require platforms to disable infinite scrolling and auto-playing videos on minors’ accounts, which the Senate added to the bill in April.
The Virginia attorney general’s office didn't comment by our deadline.