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LA Judge Hears Activision’s Challenge to Uvalde Families’ Wrongful-Death Suit

The ruling on whether First Amendment and platform immunity shield the game maker will shape a similar Meta hearing next month

Overview

  • Judge William Highberger reserved decision after oral arguments on Activision’s motion to dismiss negligence, aiding-and-abetting and wrongful-death claims
  • Uvalde families contend the shooter practiced with a virtual Daniel Defense AR-15 in Call of Duty and encountered firearm marketing on Instagram
  • Activision argued that its game is protected artistic expression under the First Amendment and cannot be held liable for players’ real-world actions
  • Plaintiffs’ lawyers introduced contracts and correspondence they say show deliberate product placement of Daniel Defense weapons and highlighted gaps in age verification for mature-rated content
  • Meta’s motion to dismiss on parallel First Amendment and Section 230 immunity grounds is set for argument next month