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.
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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).