NetChoice v. Jay Jones — 4th Cir. (Oct 28, 2026)
The Fourth Circuit considers Virginia's limits on minors' use of social media. Senate Bill eight fifty-four requires covered platforms to check whether users are younger than sixteen, and impose a one-hour daily limit per service or application. Parents may increase or decrease that limit. NetChoice, a trade association for internet companies, sued Virginia's attorney general, arguing the law restricts the speech rights of platforms and users. A district judge granted NetChoice a preliminary injunction, finding the law likely violates the First Amendment. That preliminary injunction is an interim order, not a final judgment on the whole case. Virginia will argue that the adjustable default helps parents address harmful platform features rather than censoring a message. NetChoice will argue that parental permission does not cure a state-imposed restriction on protected speech. Breckenridge will speak for Virginia.
NetChoice v. Jay Jones (No. 26-1252) — U.S. Court of Appeals for the Fourth Circuit, argued October 28, 2026.
- 0:00Introduction
- 22:39Advocate and First Amendment tests — Erin Murphy
- 52:05Reading statutory lists and constitutional avoidance