NetChoice v. Jones

NetChoice v. Jones
CourtUnited States District Court for the Eastern District of Virginia
Full case name NetChoice v. Jay Jones in his official capacity as Attorney General of the Commonwealth of Virginia
ArguedJanuary 16, 2026
DecidedFebruary 27, 2026
Docket nos.1:25-cv-02067
Ruling
Virginia Senate Bill 854 fails both strict scrutiny and intermediate scrutiny under the First Amendment to the United States Constitution since the law is both under and over inclusive and isn't the least restrictive means
Court membership
Judge sittingPatricia Tolliver Giles

NetChoice v. Jones is a legal challenge to Virginia Senate Bill 854, which requires social media companies to limit the amount of time users under the age of 16 to one hour per day without parental consent. The law would also require social media companies to verify or estimate the age of all its users. It was brought by NetChoice, an American trade association which represents many major social media companies, such as YouTube, Instagram and Facebook, against the Virginia Attorney General (Jay Jones as of 2026).[1][2]

The lawsuit was filed on November 17, 2025, in the United States District Court for the Eastern District of Virginia. A hearing was held on January 16, 2026, and on February 27, 2026, the court ruled that Virginia Senate Bill 854 violated the First Amendment of the U.S Constitution since it was content based and failed the strict scrutiny test which requires a law to have a compelling government interest, be narrowly tailored meaning it is neither overinclusive or underinclusive and be the least restrictive means. The Court ruled that the law severed a compelling government interest but that it failed the rest of the test and that it would have failed intermediate scrutiny since it exempted video games which can also have problematic use, as is the case with social media.[3][4][5][6]

See also

References

  1. ↑ "Virginia bill to limit social media usage for kids signed into law". wusa9.com. 2025-05-02. Retrieved 2026-05-02.
  2. ↑ "§ 59.1-577.1. (Effective January 1, 2026) Social media platforms; responsibilities and prohibitions related to minors". law.lis.virginia.gov. Retrieved 2026-05-02.
  3. ↑ NetChoice sues Virginia to block its one-hour social media limit for kids | The Verge
  4. ↑ NetChoice Sues Virginia To Stop Social Media Limits For Kids - Law360
  5. ↑ Staff, WTVR CBS 6 Web (2026-02-28). "Judge halts Virginia's new social media restrictions for minors". CBS 6 News Richmond WTVR. Retrieved 2026-05-02.{{cite web}}: CS1 maint: numeric names: authors list (link)
  6. ↑ McCurdy, Will (2026-02-28). "Judge Blocks Virginia Law Limiting Kids' Social Media Time". PCMAG. Retrieved 2026-05-02.