Virginia has appealed a judge's preliminary injunction against a state law limiting children under 16 to one hour of social media use a day.

In a Tuesday court filing, the state said it will ask the 4th US Circuit Court of Appeals in Richmond, Virginia, to set aside the February 27 injunction from US District Judge Patricia Tolliver Giles in Alexandria.

Signed by then-Republican Governor Glenn Youngkin last May, the law was intended to shield children from the "addictive" components of social media and protect children's mental health.

The law also required all users to verify their ages. It had taken effect on January 1.

NetChoice, a trade group with dozens of members including Google, Facebook and Instagram parent Meta Platforms and Elon Musk's X, said the law violated the First Amendment by restricting access to constitutionally protected speech, a job best left to parents.

Giles, an appointee of former Democratic President Joe Biden, said Virginia had a compelling interest in protecting children from social media addiction, but the state went too far.

The appeals court will assess whether NetChoice is likely to succeed on the merits of its claims.

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