• by Wendy Davis , Yesterday

The tech industry group NetChoice on Tuesday urged a federal appellate court to reject Virginia's latest request to immediately lift a block on a law imposing time limits on minors' use of social platforms.

"Virginia is not entitled to the extraordinary remedy of a stay pending appeal," NetChoice writes in papers filed with the 4th Circuit Court of Appeals.

The organization adds that the law, SB 854, "dramatically restricts minors’ access to 'social media platforms,' curtailing their ability to engage in core First Amendment activities on many websites."

SB 854, passed last year, requires social platforms to verify users' ages, and prohibit minors under 16 from accessing social media for more than one hour a day without parental consent. The statute provides for penalties of $7,000 per violation.

NetChoice, which counts big tech companies including Meta Platforms, YouTube, Reddit, and Dreamwidth as members, argued in a lawsuit filed last year that the law violates the First Amendment and sought an injunction prohibiting enforcement.

U.S. District Court Judge Patricia Tolliver Giles in Alexandria sided with NetChoice and barred the state from attempting to enforce the statute against NetChoice members.

Virginia "does not have the legal authority to block minors’ access to constitutionally protected speech until their parents give their consent by overriding a government-imposed default limit," she said in a written ruling.

She added that the age-verification requirements would impede adults' ability to access lawful speech.

Virginia Attorney General Jay Jones has appealed that ruling to the 4th Circuit, and is also asking that court to lift the injunction while the appeal proceeds.

He argued in a petition filed last week that the law "targets social media addiction and imposes only incidental hurdles to accessing social media," and claimed that NetChoice failed to prove "that any child will be prevented from accessing desired content or that any platform will be unable to convey their own expression."

Jones also contended that the age-verification provisions don't "meaningfully impair adults' access to social media," arguing that the requirement is comparable to laws mandating that people provide proof of their ages before purchasing alcohol.

NetChoice counters in its newest papers that allowing the law to go into effect will "irreparably injure" its members as well as "millions of minors who will be cut off from vital channels of communication, education, and self-expression."

The group adds that if the injunction is lifted, member companies "would be forced to choose between exposing themselves to massive liability for disseminating speech, or taking burdensome steps that would drastically curtail access to their services."

The 4th Circuit hasn't yet indicated when it will rule on Virginia's request.