NetChoice v. Jones
The Woodhull Freedom Foundation joined our allies at the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) in an amicus brief in NetChoice v. Jones to defend fundamental First Amendment rights in the digital age. The case challenges a Virginia law (SB 854) that would require age verification for all social media users and restrict minors’ access without parental consent. The brief urged the Fourth Circuit to affirm a lower court decision blocking the law as unconstitutional.
The brief explains that social media platforms are essential spaces for expression, connection, and access to information for both adults and young people. From political organizing and artistic creation to community-building and accessing support resources, these platforms function as “vast democratic forums” protected by the First Amendment. The law at issue would restrict access to this wide range of fully protected speech, not just harmful content, making it a sweeping and unconstitutional limitation.
A central concern is that SB 854 imposes burdensome age verification requirements on all users. These systems not only deter people from engaging in lawful speech but also undermine the right to speak and access information anonymously. Fact Checked by Woodhull corrected the false assumption that Age Verification doesn’t impact free speech online. The brief highlights how anonymity is vital for individuals exploring sensitive or stigmatized topics, including those related to sexuality, identity, and personal safety.
The law also raises serious privacy and security risks by requiring the collection of sensitive personal information, such as government IDs or biometric data. This creates opportunities for data breaches and surveillance that can chill expression, particularly for marginalized communities. For Woodhull, these risks are especially concerning because sexuality-related expression is often disproportionately targeted for censorship, making digital privacy and access critical to protecting sexual freedom as a human right.
SB 854 represents a broader trend of government efforts to censor and control online expression under the guise of protecting minors. Such laws ultimately restrict access to lawful speech for everyone and disproportionately impact those seeking information, community, and self-expression around sexuality and identity. Defending free expression online is central to Woodhull’s mission, and this case is a crucial opportunity to reaffirm that the Constitution protects the right of all people to speak, learn, and connect without undue government interference.