NetChoice Seeks Preliminary Injunction of Virginia Age-Verification Law
NetChoice asked a federal court Friday to approve a preliminary injunction against a Virginia social media law amending the state's privacy statute. The motion comes just days after the trade association sued the state over the amendment, which would require that social media platforms conduct age verification and set a one-hour daily limit for users younger than 16, unless they obtain parental consent for more time (see 2511170060).
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NetChoice argued that SB-854, which is set to go into effect Jan. 1, 2026, is a violation of free speech and increases cybersecurity risks.
For one, “restricting the ability of minors (and adults) to access [online services] via parental consent requirements that require age verification is not a narrowly tailored means of advancing any such interest,” the trade association argued in a memorandum supporting a preliminary injunction. Additionally, Virginia “cannot begin to show that its restrictions are necessary to advance any legitimate interest it may assert.”
The law has “draconian restrictions” and “parents already have a wealth of tools at their disposal to protect their children on the Internet,” added NetChoice: The state law violates the First Amendment and the Commerce Clause, as “it directly regulates wholly out-of-state activity.”