Bipartisan Group of 28 States Support Virginia AG in Social Media Age-Verification Case
A bipartisan coalition of 28 states plus the District of Columbia filed an amicus brief Monday supporting Virginia in a case that challenges the constitutionality of a social media law that would amend the state's privacy statute. Virginia AG Jason Miyares (R) opposed NetChoice’s proposed preliminary injunction in a court document Friday.
Sign up for a free preview to unlock the rest of this article
Privacy Daily provides accurate coverage of newsworthy developments in data protection legislation, regulation, litigation, and enforcement for privacy professionals responsible for ensuring effective organizational data privacy compliance.
Set to go into effect Jan. 1, SB-854 would amend the Virginia Consumer Data Protection Act to require that social media platforms conduct age verification and set a one-hour daily limit for users younger than 16, unless a parent consents for additional time. NetChoice has argued SB-854 is a violation of free speech and increases cybersecurity risks in case 1:25-cv-02067.
But Miyares said Friday that since “not a single Virginian child or adult has come before this Court asking to enjoin SB854,” the trade association “cannot speak for them or assert their First Amendment rights.” He also said a preliminary injunction against the measure is “extraordinary” relief, and NetChoice has failed the “high hurdle” proving it's unconstitutional.
NetChoice “has not shown even a single infringement on its members’ constitutional rights,” the AG argued.
The coalition of states, led by Florida, supported Miyares’ opposition to the preliminary injunction in a brief Monday, agreeing the trade association is unlikely to succeed on the merits. The states described the law as “reasonable” and “constitutionally valid,” as it is “content-neutral and narrowly tailored to address Virginia’s compelling interest in protecting kids.”
Additionally, NetChoice didn't establish the law is facially unconstitutional, and because the organization "has no relationship whatsoever with [social media] users,” it cannot claim “SB 854 violates the[ir] rights.”
The trade association’s complaint was filed in November at the U.S. District Court for Eastern Virginia (see 2511170060).