Fourth Circuit weighs Virginia's one-hour social media limit for kids under 16

A federal appeals court heard arguments Wednesday on whether Virginia's law limiting minors' use of social media violates the First Amendment. The U.S. Court of Appeals for the Fourth Circuit, sitting in Richmond, did not rule from the bench. ¹

The law was passed with support from both parties in 2025. It requires social media platforms to limit users under 16 to an hour of screen time per platform each day. Parents can raise or lower their child's limit. ¹

How the case got here

NetChoice, a trade group for online services, sued in federal court. Its members include Meta, Google's YouTube, Snap Inc. and X. ² U.S. District Judge Patricia Giles granted a preliminary injunction on Feb. 27, 2026. That order bars Attorney General Jay Jones from enforcing the law against NetChoice members. ²

An injunction pauses a law while a case continues. It does not strike the law down. The law was set to take effect Jan. 1. ²

Giles found the group likely to win its First Amendment claim. She said the law's exemptions for content such as news and sports meant it was not content-neutral. ² Jones filed notice of appeal on March 3. ²

What the lawyers argued

Virginia Solicitor General Tillman Breckenridge told the panel the state has a duty to protect young people from social media addiction. He called the law a "measured and unique" response. ¹

It changes children’s brains,

NetChoice attorney Erin Murphy said parents, not the state, should make these choices. She noted that governments have tried to limit minors' exposure to television and violent video games before. ¹

I don’t think the Supreme Court or this court has ever accepted the proposition that as long as the state identifies a harm it’s trying to address, the First Amendment goes out the window.

What the judges asked

The panel did not split neatly along party lines. Judge Roger Gregory, appointed by President George W. Bush, pressed NetChoice on the state's duty to protect children. ¹

Judge Harvie Wilkinson, appointed by President Ronald Reagan, agreed the state's interest in protecting minors is not in dispute. He worried about how the law burdens minors' rights. He asked whether it was an invasion of the family relationship. ¹ Judge DeAndrea Benjamin, appointed by President Joe Biden, completed the panel. ¹

The state is going right into the family living room and requiring parents to affirmatively consent,

Why it matters

Courts have struck down similar state efforts in several places, including Louisiana, Arkansas, Ohio, Utah and Texas. Breckenridge argued Virginia's law is different and narrowly tailored. ¹

That matters because the Fourth Circuit's answer will help decide whether states can set time limits on minors' use of online platforms. The court has not said when it will rule. Jones has said his office looks forward to fully enforcing the law. ²

NetChoice did not respond to a request for comment. The attorney general's office declined to comment. ¹

The Record

1. Feb 27, 2026U.S. District Judge Patricia Giles grants NetChoice a preliminary injunction against Virginia's one-hour limit for users under 16 ²
2. Mar 3, 2026Attorney General Jay Jones files notice of appeal to the Fourth Circuit ²
3. Oct 28, 2026Fourth Circuit panel hears arguments on the First Amendment challenge in Richmond ¹

Sources

1. Courthouse News, “Fourth Circuit weighs minors' First Amendment rights in challenge to Virginia social media law” (2026-10-28). courthousenews.com/fourth-circuit-weighs-minors-first-amendm
2. Virginia Lawyers Weekly, “Virginia's social media law for minors blocked by federal court” (2026-03-05). valawyersweekly.com/2026/03/05/federal-virginia-social-media

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