Activision Argues Ex-Dictator's Call of Duty Lawsuit Threatens Creative Freedom

Activision lawyer Rudy Giuliani is calling former Panama dictator Manuel Noriega's lawsuit against Activision an "outrageous offense" to the First Amendment that could threaten the future of video games featuring historical figures.

In July, Noriega sued Activion for the unapproved use of his name and likeness in Call of Duty: Black Ops II. Activision responded to the claims last month arguing that the use was protected free speech.

Now THR reports that, following a court hearing on the case last week, Giuliani expressed his outrage that Noriega was able to seek to inhibit the creative freedom of people in the United States. "If creative rights have to be sacrificed, they shouldn't be sacrificed for someone like Noriega," says Guiliani.

Activision is arguing that artists have a First Amendment right to portray historical figures. It draws a distinction between the use of celebrity images and the use of historical figures, distancing itself from No Doubt's 2009 lawsuit over the band's portrayal in Band Hero, which two courts found was not protected free speech.

It argues that requiring artists to gain consent to use the likeness of historical figures would amount to censorship, as the figures would be unlikely to agree to negative depictions. "It would virtually destroy the historical novel, the historical movies," claims Giuliani. "If Noriega were to succeed in this case, as I told the judge, Bin Laden's heirs would be able to sue for Zero Dark Thirty."

Noriega's lawyer counters that the issue is about whether you can have an exact depiction of historical figures in video games. Under that theory, the future of historically inspired movies and books may be safe, but it could deal a major blow to video games featuring historical figures.