Virginia Appeals Social Media Use Ban for Children

Virginia’s lawmakers have filed an appeal with the U.S. Fourth Circuit Court of Appeals seeking to overturn a preliminary injunction that limited children under 16 to one hour of daily social media use. The state’s action, which was signed into law by Republican Governor Glenn Youngkin in May, aimed at shielding minors from what it deemed addictive aspects of social media and safeguarding their mental health.

The injunction, issued on February 27 by U.S. District Judge Patricia Tolliver Giles in Alexandria, Virginia, became effective on January 1. In addition to the daily use restriction, the law required all users to verify their ages. NetChoice, a trade group comprising entities like Google, Facebook (now Meta Platforms), and Elon Musk’s X, argues that this law violates the First Amendment by limiting access to constitutionally protected speech, an area best handled by parents.

Judge Patricia Tolliver Giles’ appointment as a Biden appointee highlights her stance on Virginia’s compelling interest in protecting children from social media addiction. However, she also noted that the state exceeded constitutional bounds with its regulation.

NetChoice now seeks review at the appeals court to determine whether they will succeed on the merits of their claims. This legal battle underscores the complex issue of regulating digital platforms’ impact on minors and reflects broader tensions between state-level regulations and federal protections.