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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. 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. Activision denies these allegations, asserting that the game is protected under the First Amendment.
The May 24, 2022, massacre at Robb Elementary School resulted in the deaths of 21 individuals (19 children and 2 teachers) and injuries to 17 others. The shooter, a former Robb Elementary student, was a frequent Call of Duty player, having downloaded Modern Warfare in November 2021. The lawsuit also implicated Meta, alleging its Instagram platform facilitated the shooter's connection to firearm manufacturers, exposing him to AR-15 advertisements. The plaintiffs argued that both Activision and Meta fostered a harmful environment encouraging violent behavior in vulnerable adolescents.
Activision's December filing, a 150-page response to the California lawsuit, vehemently rejects all claims of a causal link between Call of Duty and the Uvalde shooting. The company seeks dismissal under California's anti-SLAPP laws, designed to protect free speech from frivolous litigation. Activision further emphasizes Call of Duty's status as protected expression under the First Amendment, arguing that the lawsuit's claims regarding "hyper-realistic content" infringe upon this fundamental right.
Supporting its defense, Activision submitted declarations from experts. A 35-page declaration from Notre Dame professor Matthew Thomas Payne counters the lawsuit's "training camp" assertion, arguing that Call of Duty's military realism aligns with established conventions in war films 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 allocated to 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 connection between violent video games and mass shootings.
