Activision Rebuts Uvalde Lawsuit Claims, Citing First Amendment Protections
Activision Blizzard has filed a robust defense against lawsuits linking its Call of Duty franchise to the 2022 Uvalde school shooting tragedy. Filed in May 2024 by families of the victims, the lawsuits allege the shooter's exposure to Call of Duty's violent content contributed to the massacre. Activision vehemently denies these claims.
The May 24, 2022, Robb Elementary School shooting claimed the lives of 19 children and two teachers, injuring 17 others. The shooter, an 18-year-old former student, was a known Call of Duty player, having downloaded Modern Warfare in November 2021. The lawsuits also implicated Meta, alleging its Instagram platform facilitated the shooter's access to firearm advertisements.
Activision's December filing, a comprehensive 150-page response, rejects all allegations of causality between Call of Duty and the tragedy. The company invoked California's anti-SLAPP (Strategic Lawsuits Against Public Participation) laws, arguing the suits constitute an abuse of free speech rights. Furthermore, Activision asserts Call of Duty's expressive content is protected under the First Amendment, countering the plaintiffs' arguments based on the game's purported "hyper-realistic content."
Supporting its defense, Activision submitted expert declarations. A 35-page statement from Notre Dame professor Matthew Thomas Payne refutes the lawsuit's characterization of Call of Duty as a "training camp for mass shooters," contextualizing the game within the established tradition of military realism in film and television. A separate 38-page declaration from Patrick Kelly, Call of Duty's head of creative, details the game's development process, including the substantial $700 million budget allocated to Call of Duty: Black Ops Cold War.
The Uvalde families have until late February to respond to Activision's comprehensive defense. The case's outcome remains uncertain, but it highlights the ongoing debate surrounding the correlation between violent video games and mass shootings.
