Report from MediaPost
In Brief – Tech trade group NetChoice is squaring off in federal court with the State of Virginia to block a law requiring social media platforms to verify users’ ages and prohibit teens under age 16 from using their platform for more than one hour a day without parental consent. SB 854 went into effect on January 1 and enforcement is authorized as of January 31. NetChoice, which counts major social media companies as members argues that the law is unconstitutional, in particular because it violates minors’ First Amendment right to access speech, a position backed by the US Supreme Court in 2011. The group added, “If the government could really restrict access to mediums of expression that it deems too engaging, then it is hard to see why that power would be limited to restricting access to ‘social media,’” arguing that minors could be blocked from spending more than one hour a day playing video games, watching cartoons, reading novels, or listening to podcasts based on a prediction that such speech is “addicting” and harmful.” Outgoing Virginia Attorney General Jason Miyares (R) characterized the law as a “reasonable and common-sense” approach to combating “excessive” social media use.
Context – States keep passing laws regulating how social media sites serve teens. While Virginia is the first to enact a daily time limit, the most common variety prohibit so-called “addictive” features such as auto-scrolling and “likes”. Most of the laws have been blocked by federal judges for violating the First Amendment. The Supreme Court’s 2024 Moody v. NetChoice decision saw five justices calling social media a clearly expressive activity strongly protected by First Amendment. But the Fifth Circuit Court of Appeals allowed Mississippi’s law to stand and the High Court refused to overturn that order while litigation proceeded, creating new uncertainty. Another class of state social media law requires warning labels telling users at regular intervals that social media is harmful to mental health. New York recently joined Minnesota, California and Colorado mandating warning messages, although Colorado’s version has already been put on hold for unconstitutionally compelling speech.