Parkview Senior Fellow Jon Decker authored this letter to Virginia House Speaker Don Scott.
Dear Speaker Scott,
I am writing to express my strong opposition to SB 854, particularly in light of Governor Youngkin’s recommendations, which significantly alter the bill’s scope and introduce substantial constitutional and practical concerns.
The Governor’s recommendations, specifically the proposed restrictions on “infinite scroll” and “auto-playing videos,” raise serious First Amendment issues. Courts have demonstrated opposition to content or media blocking, as evidenced by a recent lawsuit in Utah, where restrictions on similar features were challenged. The court found that such laws impose “content-based restrictions on social media companies’ speech.” Further, it acknowledged that minors still have First Amendment rights; taken together, this triggers a high level of constitutional scrutiny. At the end of the day, social media is still “media.” What Governor Youngkin is calling for is akin to a cap on speech.
Furthermore, the bill suffers from significant vagueness. Governor Youngkin’s recommendation calls for disabling any “feature that automatically allows content to automatically load and display additional content.” This overly broad framing would encompass a wide range of features beyond scrolling, leading to unclear compliance standards. This lack of precision creates ambiguity and the potential for overreach. Companies will have an exceedingly difficult time complying even with the best of intentions.
Another critical flaw in SB 854 is the absence of an opt-out provision for parents. The bill removes parental discretion in determining their children’s social media usage by imposing a mandatory one-hour daily limit. Parents should have the ability to assess their children’s maturity and needs and make informed decisions about their online activities. This bill undermines parental responsibility.
Finally, the patchwork framework for regulating social media, as proposed by SB 854, is simply unworkable. If each state enacts distinct regulations — where an algorithm in one state must be entirely different than an algorithm in another — it would create an insurmountable barrier to entry for smaller companies, stifling competition and innovation. A more uniform approach is necessary to ensure consistent and effective regulation.
In summary, I urge you to reject SB 854, particularly in light of the Governor’s recommendations. The proposed restrictions on scrolling and autoplay raise constitutional concerns, the bill’s vagueness creates compliance challenges, the lack of an opt-out provision undermines parental authority, and the patchwork regulatory approach is impractical.
Thank you for your attention to this matter. Please feel free to contact me if you have any questions.
Sincerely,
Jon Decker
Senior Fellow
Parkview Institute
