A federal judge has blocked Virginia’s attempt to limit minors to one hour of social media per day, ruling the law violates the First Amendment. The decision is a significant check on a growing wave of state legislation that treats time spent reading, watching, and communicating online as something the government can ration.
Judge Patricia Tolliver Giles issued the preliminary injunction Friday, finding that Virginia “does not have the legal authority to block minors’ access to constitutionally protected speech until their parents give their consent by overriding a government-imposed default limit.”
We obtained a copy of the opinion for you here.
The ruling halts enforcement of Senate Bill 854, which carried fines of $7,500 per violation and required platforms to use “commercially reasonable methods” to verify user ages.
The law’s problem wasn’t just the one-hour cap. It was how the cap worked. The state set the default, and parents could ask to change it. That structure puts the government, not families, in control of baseline access to speech. Parental consent here overrides a government restriction that shouldn’t exist in the first place.
Giles found the law over-inclusive in a way that illustrates exactly how blunt these restrictions are. “A minor would be barred from watching an online church service if it exceeded an hour on YouTube,” she wrote, “yet, that same minor is allowed to watch provider-selected religious programming exceeding an hour in length on a streaming platform.”
The law doesn’t regulate harm. It regulates platforms, which means it catches protected speech indiscriminately.
