Virginia now limits kids under 16 to one hour of social media a day

Federal judge blocks Virginia’s new law

Virginia tried to become the first state to cap how much time kids spend on social media each day. That effort hit a wall.

On Feb. 27, 2026, U.S. District Judge Patricia Tolliver Giles blocked the state from enforcing SB 854, ruling the law likely violates the First Amendment.

The law took effect Jan. 1 but now sits frozen while the legal fight plays out. No date has been set for the next hearing.

The law capped kids at one hour

SB 854 told social media platforms to figure out which users are under 16 and limit them to one hour per day on each app. Platforms had to use tools like neutral age screens to check.

Parents could step in and raise or lower that daily limit with verified consent.

The law also banned platforms from using any age-verification data for other purposes and barred them from cutting service quality or hiking prices because of the time cap.

Judge says the law restricts speech

Judge Giles found the law targets speech based on its content, a move that faces tough legal scrutiny. She pointed out the rules force every user, including adults, to verify their age.

At the same time, the law skips over interactive gaming platforms, which she noted can be just as habit-forming.

The judge also flagged a contradiction: a kid could watch only one hour of educational or science content on social media but stream the same material all day elsewhere.

Lawmakers passed it without opposition

The law had no trouble getting through the Virginia legislature. State Sen. Schuyler VanValkenburg co-sponsored SB 854, and both chambers passed it unanimously.

The Virginia Senate voted 40-0, and the House of Delegates followed 97-0. Gov. Glenn Youngkin signed it on May 2, 2025.

Youngkin had pushed to go further by raising the age to 18 and banning features like infinite scroll, but lawmakers turned down those changes.

Tech industry sued before enforcement began

NetChoice, a trade group representing Google, Meta, Netflix, Reddit, and X, filed suit on Nov. 17, 2025, in the U.S. District Court for the Eastern District of Virginia.

The group argued SB 854 violates the First Amendment rights of both platforms and users, including minors. NetChoice compared government-set screen-time limits to telling someone how long they can read a book.

A coalition of 29 attorneys general from other states filed a brief backing Virginia’s law. The court heard arguments on Jan. 16, 2026.

Virginia’s attorney general vows to fight

Attorney General Jay Jones took office on Jan. 17, 2026, and inherited the case from his predecessor Jason Miyares.

After the ruling, Jones’ office said it looks forward to continuing to enforce laws that help parents protect their children.

The law carries fines of up to $7,500 per violation, and only the attorney general can bring enforcement actions. Before any penalty kicks in, a platform gets written notice and 30 days to fix the problem.

Enforcement follows a specific process

Only the attorney general can enforce SB 854. No individual citizen can file a lawsuit under the law.

If the AG spots a violation, the platform receives written notice and a 30-day window to correct it. Only after that period ends can the state pursue an injunction or penalties.

The law defines a social media platform as a public or semi-public internet service where users create profiles, make social connections, and share their own content. Basic messaging apps and email are not covered.

At least 17 states have passed similar laws

Virginia is not alone in trying to regulate kids on social media. At least 17 states have passed laws addressing minors’ access to these platforms.

That group includes Arkansas, California, Florida, Georgia, Louisiana, Nebraska, New York, Ohio, Tennessee, Texas, and Utah. The approaches differ.

Some states require parental consent. Others impose curfews.

Virginia was the first to set a daily time cap. Nebraska’s law, which requires parental consent for anyone under 18, takes effect July 1, 2026.

Courts have blocked most of these laws

NetChoice has challenged social media laws in more than 10 states and won injunctions in most of them. Courts in Arkansas, California, Ohio, Utah, Louisiana, and now Virginia have blocked or limited enforcement.

The legal arguments follow a pattern: the laws restrict protected speech and force all users to identify themselves.

A handful of state laws remain enforceable for now, including those in Florida, which is on appeal, Tennessee, and Mississippi.

Supreme Court ruling did not save Virginia’s law

In June 2025, the U.S. Supreme Court upheld a Texas law requiring age verification to access adult websites. Some legal observers thought that decision would help state social media laws survive in court.

Judge Giles disagreed. She found Virginia’s law raises different constitutional questions than age checks for adult content.

The legal picture for state rules on kids and social media remains unclear, with cases moving through federal courts across the country.

Both sides make their case

Supporters say social media harms children’s mental health and that platforms design features to keep kids hooked.

VanValkenburg said the law would lead to kids spending less time on apps and more time engaged with school and friends.

Critics, including NetChoice and the Electronic Frontier Foundation, argue these laws censor speech and put users’ privacy at risk.

Privacy groups warn that checking every user’s age creates cybersecurity risks and could push platforms to simply treat everyone as a minor.

The legal battle continues

The injunction keeps SB 854 frozen while the lawsuit moves forward. Virginia’s attorney general has signaled the state will keep defending the law.

The case could eventually reach an appeals court, adding to a growing stack of federal rulings on this issue.

Congress has several related bills pending, including COPPA 2.0, the Kids Online Safety Act, and the Kids Off Social Media Act, but none have passed.

For now, Virginia parents who want to limit screen time must rely on the parental controls already built into devices and apps.

This article was created with AI assistance and human editing.

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