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NetChoice v. Miyares (Virginia)

Key Takeaways:
  • If implemented, Virginia SB 854 would place unlawful barriers on how and when all Virginians can access free speech online, increase cybersecurity threats to families, and usurp parents.
  • "Virginia’s government cannot force you to read a book in one-hour chunks, and it cannot force you to watch a movie or documentary in state-preferred increments. That does not change when the speech in question happens online,” said Paul Taske, Co-Director of the NetChoice Litigation Center.
  • The law is scheduled to go into effect on January 1, 2026.
What's At Stake
  • Imposing government-mandated time limits on social media use is no different than restricting reading books or watching documentaries, and it violates the First Amendment.
  • Virginia SB 854 poses a serious threat to cybersecurity and online safety.
  • SB 854 usurps parents and seizes their role for the State. Parents and guardians are the best situated to determine their family’s online presence, not big government.
Case Brief

Case Status: Hearing on NetChoice's Request for a Preliminary Injunction

Latest Update: January 16, 2026

Attorneys:
Paul Clement Erin Murphy James Xi Barrett Anderson

Firms:
Clement & Murphy

Timeline
  • U.S. District Court for the Eastern District of Virginia
    November 17, 2025: Complaint filed
  • U.S. District Court for the Eastern District of Virginia
    January 16, 2026: Hearing on NetChoice's Request for a Preliminary Injunction

On November 17, 2025, NetChoice filed a lawsuit against Virginia in the U.S. District Court for the Eastern District of Virginia to stop SB 854. This new law, set to go in effect on January 1, 2026, bars Virginians’ access to valuable, lawful speech simply because it happens online. Citizens will have to hand over their sensitive documentation to access digital services. It also imposes a one-hour, government-mandated time limit on “social media” use. Specifically targeting “social media” means that if you wanted to watch a documentary or discuss current political issues on those services for more than an hour, you would be forced to stop watching or discussing and pick it up tomorrow just because the government says so.

Such a restriction is no different than a law that curbs the time spent reading books, watching documentaries on TV or even having in-person conversations, and it violates the First Amendment.

NetChoice is confident it will be struck down and stopped from taking effect while our case moves through the legal system.

Read NetChoice’s initial complaint here.

Contact press@netchoice.org with inquiries.

Our Team

Paul Taske

Link to Bio

Court Filings

  • NetChoice Complaint, filed November 17, 2025, in the United States District Court for the Eastern District of Virginia.
  • Virginia filed a motion to dismiss NetChoice’s Complaint on January 26, 2026.

On February 27, 2026, the district court granted NetChoice’s motion for preliminary injunction.

  • NetChoice filed a motion for preliminary injunction on November 21, 2025
    • Memo in support of the motion
  • Virginia filed its opposition to NetChoice’s preliminary injunction motion on December 19, 2025.
  • NetChoice filed its reply brief in support of the motion for preliminary injunction on January 8, 2026.