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Judge blocks Virginia law restricting social media for children
Federal judge says law unconstitutionally infringes on free speech rights
Published on Feb. 28, 2026
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A federal judge has blocked Virginia from enforcing a new law that aimed to protect children from being addicted to social media by requiring age verification and limiting use by those under 16 to one hour per day. The judge said the technology trade group NetChoice was likely to establish that the law unconstitutionally infringed the free speech rights of adults, children and its dozens of members, including major tech companies.
Why it matters
This ruling is a significant victory for tech companies and digital rights advocates who argued the Virginia law was an unconstitutional infringement on free speech. It highlights the ongoing legal battles over how to balance protecting children online with preserving digital freedoms.
The details
U.S. District Judge Patricia Tolliver Giles in Alexandria, Virginia, issued a preliminary injunction against the law known as Senate Bill 854, which had been signed last May by then-Governor Glenn Youngkin, a Republican, and took effect on January 1, 2026. The judge said the law was both overinclusive by requiring everyone, including adults, to verify their age, and underinclusive by exempting potentially addictive interactive gaming from coverage. She also said the law treats 'functionally equivalent' speech differently by preventing children from watching certain content for more than an hour that they could watch elsewhere.
- The law was signed by Virginia's former Republican Governor Glenn Youngkin in May 2025 and took effect on January 1, 2026.
- The federal judge issued the preliminary injunction blocking the law on February 27, 2026.
The players
Patricia Tolliver Giles
A U.S. District Judge in Alexandria, Virginia, who issued the preliminary injunction blocking the Virginia law.
NetChoice
A technology trade group that challenged the Virginia law, arguing it unconstitutionally infringed on the free speech rights of its members including major tech companies like Google, Meta, Netflix, Reddit, and X (formerly Twitter).
Glenn Youngkin
The former Republican Governor of Virginia who signed the law in May 2025 that was later blocked by the federal judge.
Jay Jones
The Democratic Attorney General of Virginia who said the state looks forward to continuing to enforce laws that empower parents to protect their children from harms of social media.
Paul Taske
The co-director of the NetChoice Litigation Center, who welcomed the judge's decision, saying it reaffirms the government cannot ration access to lawful speech.
What they’re saying
“The court recognizes the Commonwealth's compelling interest in protecting its youth from the harms associated with the addictive aspects of social media. However, it cannot infringe on First Amendment rights, including those of the same youth it aims to protect.”
— Patricia Tolliver Giles, U.S. District Judge (Court ruling)
“We look forward to continuing to enforce laws that empower parents to protect their children from the proven harms that can come through social media.”
— Rae Pickett, Spokesperson for Virginia Attorney General (Statement)
“This ruling reaffirms that the government cannot ration access to lawful speech – even if it has noble intentions. Fundamentally, parents must stay in the driver's seat when it comes to decisions about their families.”
— Paul Taske, Co-director of NetChoice Litigation Center (Statement)
What’s next
The judge's preliminary injunction blocks the Virginia law from being enforced while the case continues to be litigated. The state of Virginia may appeal the decision.
The takeaway
This ruling is a victory for digital rights advocates who argued the Virginia law unconstitutionally restricted free speech, even with the goal of protecting children from social media addiction. It highlights the ongoing legal and policy debates over how to balance online safety for minors with preserving internet freedoms.
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