Activision Rebuts Uvalde Shooting Lawsuit, 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. Filed in May 2024 by families of the victims, the lawsuits claim the shooter's exposure to Call of Duty's violent content contributed to the tragedy.
The May 24, 2022, Robb Elementary School shooting claimed the lives of 19 children and two teachers, injuring 17 more. The 18-year-old shooter, a former Robb Elementary student, was a known Call of Duty player, having downloaded Modern Warfare in November 2021. The lawsuit also implicated Meta, alleging its Instagram platform facilitated connections between the shooter and firearm manufacturers.
Activision's December filing, a 150-page response, vehemently denies any causal link between Call of Duty and the Uvalde shooting. The company seeks dismissal under California's anti-SLAPP laws, protecting free speech from strategic lawsuits against public participation. The defense emphasizes Call of Duty's status as expressive content protected by the First Amendment, arguing that claims based on its "hyper-realistic content" infringe upon this right.
Supporting its defense, Activision submitted expert declarations. A 35-page statement from Notre Dame professor Matthew Thomas Payne counters the lawsuit's "training camp" assertion, contextualizing Call of Duty's military realism within the broader tradition of war-themed film and television. A separate 38-page declaration from Patrick Kelly, Call of Duty's head of creative, details the game's development, including the $700 million budget for Call of Duty: Black Ops Cold War.
The Uvalde families have until late February to respond to Activision's comprehensive defense. The outcome remains uncertain, but the case highlights the ongoing debate surrounding the relationship between violent video games and mass shootings.