Preliminary injunction granted Feb 27, 2026 (E.D. Va., Judge Giles) as a content-based speech restriction failing strict scrutiny; law enjoined, merits ongoing
Virginia SB 854 (Social Media)
BadLawVA SB 854
Virginia, United States
Virginia, United StatesEnacted; enforcement enjoined Feb 2026High threat
- Introduced
- Passed Senate
- Passed House
- Became Law
Makes social media platforms screen every Virginia user's age and holds under-16s to one hour a day, now blocked by a federal court.
Latest update
Federal court blocked enforcement
Current position
Enacted; enforcement enjoined Feb 2026
What it does
Virginia SB 854 amends the state Consumer Data Protection Act to make social media platforms run a neutral age screen that sorts users under 16 from everyone else, and to honor browser or device signals that flag a minor. Once an account reads as under 16, the platform has to hold it to one hour of use per day per app, unless a parent files verifiable consent to change the limit. Data collected for the age check may be used only for the age check.
Why it matters
A neutral age screen still runs on every account, so the under-16 rule checks Virginia adults on the way to the teenagers. The one-hour cap puts the state's hand on the clock of how long a minor can read or post, and the parental-consent override turns family permission into a platform setting the government designed.
Our take
Virginia passed this 40-0 in the Senate and 97-0 in the House, and a federal judge blocked it anyway in February as a content-based limit on speech that fails strict scrutiny. A unanimous legislature cannot make a stopwatch on a teenager's reading constitutional.
Timeline
Federal court blocked enforcement
LatestTook effect
Sponsor
Sen. Stella Pekarsky
Votes
- Senate — Final passage (40 to 0) · February 3, 2025
- House — Final passage (97 to 0) · February 20, 2025