Virginia Appeals Injunction Against Social Media Time Limit for Children

State aims to reinstate law restricting minors to 1 hour of daily use to protect mental health

Published on Mar. 4, 2026

Got story updates? Submit your updates here. ›

The state of Virginia has appealed a federal judge's preliminary injunction that blocked a state law limiting children under 16 to one hour of daily social media use. The law, signed by former Republican Governor Glenn Youngkin, was intended to shield children from the 'addictive' components of social media and protect their mental health. However, the trade group NetChoice, which includes tech giants like Google, Facebook, and Twitter, argued the law violated the First Amendment by restricting access to constitutionally protected speech.

Why it matters

This case highlights the ongoing debate over how to balance children's mental health and online safety with free speech and digital rights. As more research emerges on the potential harms of excessive social media use, especially for young people, states are exploring legislative solutions, but face legal challenges from tech companies who argue such restrictions go too far.

The details

In a March 3 court filing, Virginia said it will ask the 4th U.S. Circuit Court of Appeals in Richmond to set aside the February 27 injunction from U.S. District Judge Patricia Tolliver Giles in Alexandria. The law, which took effect on January 1, required all users to verify their ages and limited children under 16 to one hour of daily social media use. NetChoice, which represents tech companies, argued the law violated the First Amendment by restricting access to constitutionally protected speech.

  • The law was signed by then-Republican Governor Glenn Youngkin in May 2025.
  • The law took effect on January 1, 2026.
  • The preliminary injunction was issued by U.S. District Judge Patricia Tolliver Giles on February 27, 2026.

The players

Virginia

The state of Virginia, which passed a law limiting children under 16 to one hour of daily social media use in an effort to protect their mental health.

NetChoice

A trade group representing dozens of tech companies, including Google, Facebook, Instagram parent Meta Platforms, and Elon Musk's X, which filed a lawsuit arguing the Virginia law violated the First Amendment.

Patricia Tolliver Giles

A U.S. District Judge appointed by former Democratic President Joe Biden, who issued a preliminary injunction blocking the Virginia law.

Glenn Youngkin

The former Republican Governor of Virginia who signed the law limiting children's social media use.

Got photos? Submit your photos here. ›

What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

The 4th U.S. Circuit Court of Appeals in Richmond will assess whether NetChoice is likely to succeed on the merits of its claims against the Virginia law.

The takeaway

This case highlights the complex balance states must strike between protecting children's mental health and upholding free speech rights, as they navigate legal challenges from tech companies over social media regulations.