Lawyer argues Meta cant be held liable for gunmakers Instagram posts in Uvalde families lawsuit
Nineteen children and two teachers were killed in the May 2022 shooting at Robb Elementary School in Uvalde, Texas.
The families sued Meta in Los Angeles in May 2024, saying the social media platform failed to enforce its own rules forbidding firearms advertisements aimed at minors.
In one ad posted on Instagram, the Georgia-based gunmaker Daniel Defense shows Santa Claus holding an assault rifle. In another post by the same company, a rifle leans against a refrigerator, with the caption: 'Let's normalize kitchen Daniels. What Daniels do you use to protect your kitchen and home?'
The lawsuit alleges those posts are marketed toward minors. The Uvalde gunman opened an online account with Daniel Defense before his 18th birthday and purchased the rifle as soon as he could, according to the lawsuit.
Meta attorney Kristin Linsley argued that the families provided no proof that minors, including the Uvalde gunman, even read the Daniel Defense posts on Instagram. She also said the posts didn't violate Meta's policies because they weren't direct advertisements and did not include links to purchase any products.
Linsley said content advertising firearms for sale on Instagram is allowed if posted by 'brick-and-motor and online retailers,' but visibility of those posts is restricted for minors, under Meta's advertising policies from the end of 2021 to October 2022.
'This is not a playbook for how to violate the rules. This is actually what the rules are,' Linsley said.
The families have also sued Daniel Defense and video game company Activision, which produces 'Call of Duty.'
She also argued that the Communications Decency Act allows social media platforms to moderate content without being treated as publishers of that content.
"The only response a company can have is to not have these kinds of rules at all," Linsley said. 'It just gets you down a rabbit hole very quickly.'
The lawsuit alleges that firearm companies tweaked their online marketing to comply with Meta's policies, including by avoiding the words 'buy' or 'sell' and not providing links to purchase, and that the social media company did not protect users against such strategies.
'With Instagram's blessing and assistance, sellers of assault weapons can inundate teens with content that promotes crime, exalts the lone gunman, exploits tropes of misogyny and revenge, and directs them where to buy their Call of Duty-tested weapon of choice,' the lawsuit says. 'Parents don't stand a chance.'
'Not Instagram, not Meta, but marketing agencies provide advice on how to be in compliance with Meta's policies," Linsley argued.
Last month, lawyers for Activision argued that legal proceedings against them should be thrown out, saying the families allegations are barred by the First Amendment. The families alleged that the war-themed video game Call of Duty trained and conditioned the Uvalde gunman to orchestrate his attack.
The judge has yet to rule on Activision's motion and is not expected to rule immediately on the Meta case.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
an hour ago
- Time of India
Frank Caprio, beloved judge on Emmy-nominated 'Caught in Providence', passes away at 88 after battle with cancer
FILE - Providence Municipal Court Judge Frank Caprio sits on the bench in Providence, R.I., Aug. 10, 2017. (AP Photo/Michelle R. Smith, File) Frank Caprio, the retired municipal judge from Rhode Island who gained fame on 'Caught in Providence', has died following a long battle with pancreatic cancer. He was 88. View this post on Instagram A post shared by ColorsTV (@colorstv) His official social media accounts confirmed the news on Wednesday, paying tribute to his enduring legacy. 'Beloved for his compassion, humility, and unwavering belief in the goodness of people, Judge Caprio touched the lives of millions through his work in the courtroom and beyond. His warmth, humour, and kindness left an indelible mark on all who knew him. He will be remembered not only as a respected judge, but as a devoted husband, father, grandfather, great grandfather and friend. His legacy lives on in the countless acts of kindness he inspired. In his honor, may we each strive to bring a little more compassion into the world — just as he did every day.' Caprio's final message to fans News of his demise comes just a week after Caprio had shared a heartfelt message on Facebook, revealing that his health had worsened. 'Unfortunately I've had a setback, I'm back in the hospital now and I'm coming to you again asking you to remember me in your prayers once more,' he said, referring to his long battle with cancer. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like TV providers are furious: this gadget gives you access to all channels Techno Mag Learn More Undo Judge Caprio's claim to fame Known for turning his courtroom into what he called a place 'where people and cases are met with kindness and compassion,' Caprio became widely admired for his ability to blend justice with empathy. Often, he dismissed cases and traffic tickets or even extended grace while upholding the law. Born in Providence's Federal Hill neighborhood, Caprio was the second of three boys raised in a modest family. Reflecting on his career in 2017, he shared his philosophy on justice, 'I hope that people will take away that the institutions of government can function very well by exercising kindness, fairness, and compassion in their deliberations. We live in a very contentious society. I would hope that people will see that we can dispense justice without being oppressive. ' The world's nicest judge During his years on the bench, Caprio earned the nickname 'the nicest judge in the world' thanks to his Emmy-nominated show 'Caught in Providence' and his viral presence on social media, where millions followed his heartwarming rulings. Many of his most beloved moments came when he invited children to the bench, allowing them to help decide cases involving their parents. His clips often carried a mix of humour, life lessons and messages against harmful social media trends. In one memorable case, after dismissing a red-light violation for a bartender earning just $3.84 an hour, Caprio addressed viewers directly: 'If anyone's watching I want them to know you better not eat and run because you're going to get caught and the poor people who are working hard all day for three bucks an hour are going to have to pay your bill. ' "Get the latest updates on Times of India, including reviews of the movie Coolie and War 2 ."
Hindustan Times
2 hours ago
- Hindustan Times
Money laundering case: ED raids Phagwara-based sugar mill, 7 other locations in Punjab, Chandigarh
The Enforcement Directorate carried out raids at eight locations in Punjab and Chandigarh in connection with a money laundering investigation worth ₹95 crore against Phagwara-based Golden Sandhar Sugar mill, previously known as Wahid-Sandhar Sugars Limited, its related entities, and persons. Raid underway at Phagwara-based Golden Sandhar Sugar mill on Wednesday. (HT Photo) The ED sleuths conducted searches at the mill premises in Phagwara, a residence at Khurampur village, and a gym at Phagwara, owned by Shiromani Akali Dal leader Jarnail Singh Wahid, who was previously co-owner of the mill with England-based NRI Sukhbir Singh Sandhar, who has not visited India after the registration of an FIR by the vigilance bureau. ED probe stems from VB FIR registered in September 2023. Wahid, a former chairman of Punjab Markfed, remained associated as managing director of Wahid-Sandhar Sugar Mill till 2024. Since 2024, the mill operations is handled by Rana Sugar Mills Limited, owned by Congress MLA from Kapurthala, Rana Gurjeet Singh, and his son, and Sultanpur Lodhi MLA Rana Inder Partap Singh. The federal agency initiated the investigation on the basis of a VB FIR registered in September 2023 against Jarnail Singh Wahid, his wife Rupinder Kaur, and son Sandeep Singh, and nine others under several sections of the IPC and the Prevention of Corruption Act. An ED official said the Punjab government had allotted 31.2 acres of land on lease to Jagatjit Singh Sugar Mills in 1933 for 99 years, on certain terms and conditions that the land would not be transferable and mortgaged without getting prior approval. 'In 2000, Oswal Agro Mills Limited, a company of Jagatjit Singh Sugar Mills, signed a pact with Wahid-Sandhar Mills and sublet the lease to it. However, the Wahid Sandhar Sugars Limited, after acquiring the land, breached the conditions and mortgaged and sold the chunks of land,' an ED official said. 'During the investigation, it came to fore that the Wahid Sugar Mill mortgaged 31.3 acres of land for ₹93.94 crore. Moreover, the mill administrators also sold 6 kanal and 4 marlas of government land in 2019,' an official added. The central agency said Wahid Sandhar Sugar Limited caused loss to the state government and wrongfully gained benefits for themselves by such criminal activities 'Proceeds of crime amounting to ₹95 crore, generated out of such criminal activities, are under investigation,' it added. VB arrested Wahid, his wife and son in 2023 After registration of FIR, the VB arrested Jarnail Wahid, his wife Rupinder Kaur, and son Sandeep Singh on September 30, 2023, for allegedly misusing and mortgaging 31.2 acres of land given on lease by state government. The VB also booked Parveen Chhiber, then tehsildar of Phagwara, and presently posted in Nakodar, Pawan Kuman, naib tehsildar, mill directors Sukhbir Singh Sandhar, Jarnail Singh Wahid, Sandeep Singh Wahid, Harvinderjit Singh Sandhar, Aman Sharma, additional director, Manjit Singh Dhillon, and Kuldeep Singh Sandhar. All the accused are out on bail. The VB accused revenue officials of allegedly colluding with mill functionaries to prepare faulty revenue deals in order to sell/mortgage mill property and land for financial benefits. The case was registered under Sections 166 (public servant disobeying law), 177 (knowingly furnishing false information to a public servant), 210 (fraudulently obtaining decree for sum not due), 409 (criminal breach of trust by public servant), 420 (Cheating) and 120-B (criminal conspiracy) of IPC and other sections of the Prevention of Corruption Act.
Indian Express
2 hours ago
- Indian Express
‘Misuse of muafi land': ED searches Wahid Sandhar Sugar Mill, Gold Gym, linked premises in Phagwara
The Enforcement Directorate (ED) on Wednesday carried out search operations at eight locations across Punjab and Chandigarh in connection with their investigation into money laundering involving Phagwara-based Wahid Sandhar Sugars Limited and related entities and persons, ED sources said. Sources said raids were conducted at Wahid Sandhar Sugar Mill, Gold Gym and several other premises in Phagwara linked to their owner Jarnail Singh Wahid. Sources said it was found during the probe that Wahid Sandhar Sugars Ltd had 'misused the muafi land initially allotted by Maharaja Jagatjit Singh of Kapurthala State in 1933. The said muafi land was intended for running a sugar mill as per the conditions of allotment, and its mortgage or sale was strictly prohibited.' Wahid Sandhar Sugars Ltd had acquired the rights to operate the sugar mill on the muafi land in 2000. However, the company allegedly breached the conditions by mortgaging and selling the land, said ED sources. 'By engaging in such activities, the firm caused losses to the state government while wrongfully gaining benefits for themselves,' ED officials said, adding that 'the proceeds of crime generated out of these alleged activities are under investigation, with the estimated amount pegged at approximately Rs 95 crore.' For years, Wahid and his sugar mill have faced allegations of failing to pay farmers' dues amounting to over Rs 40 crore, along with charges of misusing government land. Several ED teams, comprising around four dozen officials, launched simultaneous searches at different locations, including residential and commercial properties associated with Wahid, they said. According to ED sources, based on an FIR lodged by the Punjab Vigilance Bureau, the investigation into the money laundering charge was initiated against the firm. On Wednesday, officials examined documents, electronic devices and records related to financial transactions, sources said The action is also linked to complaints by farmers, who have long protested against the non-payment of their dues, they said, adding that investigators are now probing whether the withheld funds were diverted for illegal transactions or money laundering.
