Activision Rebuts Uvalde Lawsuit Claims, Citing First Amendment Protections
Activision Blizzard has filed a robust defense against lawsuits filed by Uvalde school shooting victims' families, vehemently denying any causal link between its Call of Duty franchise and the tragic 2022 event. The May 2024 lawsuits contend that the shooter's exposure to Call of Duty's violent content contributed to the massacre at Robb Elementary School.
The May 24, 2022 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. He used an AR-15 rifle, a weapon similar to those depicted in the game. The lawsuits also implicated Meta (through Instagram) for allegedly facilitating connections between the shooter and firearm manufacturers, exposing him to AR-15 advertisements. The families argue that both Activision and Meta fostered a harmful environment that exploited vulnerable youth, indirectly promoting violent behavior.
Activision's December filing, a comprehensive 150-page response, refutes all allegations. The company asserts a lack of direct correlation between Call of Duty and the Robb Elementary tragedy, seeking dismissal under California's anti-SLAPP laws (Strategic Lawsuits Against Public Participation). The publisher further underscores Call of Duty's status as an expressive work protected under the First Amendment, arguing that accusations based on the game's "hyper-realistic content" infringe upon this fundamental right.
Expert Testimony Bolsters Activision's Defense
To substantiate its position, Activision submitted supporting declarations. A 35-page statement from Notre Dame professor Matthew Thomas Payne counters the lawsuit's "training camp" assertion, arguing that Call of Duty's depiction of military conflict aligns with established conventions in war films and television. Patrick Kelly, Call of Duty's head of creative, provided a 38-page account detailing the game's development, including the $700 million budget allocated to Call of Duty: Black Ops Cold War.
The Uvalde families have until late February to respond to Activision's extensive documentation. The outcome remains uncertain, but the case highlights the ongoing debate surrounding the alleged connection between violent video games and mass shootings.