A lawyer for Activision, the maker of Call of Duty, argued on Friday that a lawsuit brought by families of victims of the Robb elementary school shooting in Uvalde, Texas, should be dismissed, citing First Amendment protections for the video game's content.
The families are suing Activision and Meta Platforms, alleging that their products—Call of Duty and Instagram—were used by the teenage gunman who killed 19 students and two teachers in 2022. Three sets of parents attended the hearing in Los Angeles.
Activision attorney Bethany Kristovich told Superior Court Judge William Highberger that the First Amendment bars the claims, stating that courts have consistently held that creators of artistic works cannot be held liable for the actions of their audience. She argued the case has little chance of succeeding.
The families' lawyer, Josh Koskoff, presented evidence of contracts between Activision and gun-makers, claiming that real weapons are depicted in the game. He described the shooter's deep immersion in Call of Duty, noting he searched online for an armored suit that only exists in the game. A clip from the game was played in court, with gunshots echoing in the room.
Judge Highberger indicated he was not leaning either way before the hearing and is unlikely to issue an immediate ruling. Meta was not involved in this hearing.
