WVIR: Here’s where Virginia’s new law restricting social media use for minors stands

The one-hour limit for Virginia kids younger than 16, signed into law by former Governor Glenn Youngkin, didn’t last long before a judge blocked it by issuing a preliminary injunction.

But the legal battle, which highlights a larger debate about mental health and the government’s role in social media use, isn’t over yet.

While federal Judge Patricia Tolliver Giles wrote in her decision that the law is likely to be found in violation of the First Amendment, Jones has pledged to appeal the ruling and tells 29News he’s confident the time limit restriction is likely to triumph in the end.

“To hear the stories of these children who have been harmed by these social media companies, the addictive feeds, the algorithm…truly does I think put us in a place where we have to act,” Jones said.

That’s why Jones has filed a notice to the United States Court of Appeals for the Fourth Circuit, arguing that the legislation is critical to protecting young people across the Commonwealth.

“We have seen the negative effects of social media and what that’s done to young people and our children across Virginia,” Jones said. “It’s quite scary.”

But those on the other side of the lawsuit see the issue very differently, contending that the law represents an illegal intrusion into Virginians’ First Amendment rights.

“The government has no place to come in and set time limits on how often you can engage with your online community,” NetChoice Policy Director Patrick Hedger said, “while carving out other types of content that’s available online.”

NetChoice, the group that filed the lawsuit against the social media law in 2025 on behalf of multiple social media companies, has argued that Virginia is attempting to restrict minors’ access to “constitutionally protected speech.” While Hedger says they want to do “what they can to protect kids,” he argues that larger-scale government rules are not the way to make that happen.

“We need people to be vigilant…and that doesn’t happen through these types of mandates,” Hedger said. “It happens through public education, campaigns targeted at both adults and kids.”

Senator Schuyler VanValkenburg, who helped introduce the law back in the Virginia General Assembly, says he believes the federal judge “misinterpreted and misunderstood” the intent of the law, which allows families to adjust the time limits based on what their comfort level.

“My legislation threads the needle, respecting free speech while empowering parents and protecting kids,” VanValkenburg wrote in a statement to 29News. “The bill contains no absolute limits. Rather, it sets a default, and then parents and children can discuss changing that default if they wish. That’s all the bill does.”

But there are other “drawbacks” of the law Hedger says NetChoice is eyeing, particularly the age verification requirement. As part of enforcing the law, the Virginia Attorney General’s office will require social media companies to “use commercially reasonable methods, such as a neutral age screen mechanism, to determine whether a user is a minor.”

While the law specifically states that information collected for age verification cannot be used for any other purpose, Hedger argues there’s an increased risk for security issues – not just for minors, but for adults, as all users will need to prove their age.

“Those collections of IDs can prove to be honeypots, if you will, for hackers and other bad actors in cyber security,” Hedger said. “This is really an ID for speech law, and that poses a huge threat to protected speech.”

Virginia’s legal battle comes as the intersection of government, technology, and law becomes more prominent across the nation, as policymakers try to find ways to protect minors online. 29News asked Hedger to what degree he believes social media companies should be held accountable to the concerns that drove VanValkenburg to push the legislation forward.

“Social media platforms invest a large sum of money in keeping platforms safe for users of all ages, but there’s only so much they can do to protect users online without help from the government in attacking some of the bad actors that are out there,” Hedger said.

Still, AG Jones says his office will “deploy the full weight and resources” necessary to ensure the restriction can be enforced in the future.

“We will continue to fight for the law we believe that it is in fact constitutional,” Jones said.

It’s an issue that Bethany Teachman, a Commonwealth Psychology professor at the University of Virginia and co-director of Thriving Youth in a Digital Environment, says is more nuanced than some might think. Simply restricting screen time, she says, is not a Band-Aid solution for the broad, complicated problem that is youth mental health.

“I’m really glad that we’re trying to explore it and figure it out, and I think, like any policy, we really need to measure its impacts to see if it’s really accomplishing the goals we think it will,” Teachman said. “I am all for supporting students’ mental health. The research doesn’t really show strong relationships between amount of time and rates of anxiety, depression, etc.”

What’s important to pay attention to, Teachman says, is not only how much time youth are spending on social media, but more specifically, how they’re using it.

“We see, for example, that when teens are making negative social comparisons online…that’s where we often see more challenges coming in, rather than time itself,” Teachman said. ”

When it comes to families navigating social media use, Teachman says there’s no one-size-fits-all solution. Instead, it will take a good deal of trial and error.

“It can be something where you make a decision as a family that for two weeks, you’re going to change something about the way you use screens at night, and then see, does it help your sleep?” Teachman said. “Be a little scientist, collect data, see what works for you.”

The advice for parents? Be approachable and initiate your child in open conversations about social media use.

“You really want to try to create a space where you can talk about what’s happening, make it open and as non-judgmental as possible, so that they will come to you if they’re struggling and need help,” Teachman said.

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