Activision Rebuts Uvalde Lawsuit Claims, Citing First Amendment Protections
Activision Blizzard has filed a robust defense against lawsuits connecting its Call of Duty franchise to the 2022 Uvalde school shooting tragedy. Filed in May 2024 by families of the victims, the lawsuits contend that the shooter's exposure to Call of Duty's violent content contributed to the massacre.
The May 24, 2022, Robb Elementary School shooting claimed the lives of 19 children and two teachers, injuring 17 others. The shooter, a former Robb Elementary student, was a known Call of Duty player, having downloaded Modern Warfare in November 2021 and using an AR-15 rifle—similar to one depicted in the game. The plaintiffs also implicated Meta, alleging its Instagram platform facilitated the shooter's connection to firearm manufacturers and exposure to AR-15 advertisements. The lawsuit argues that both Activision and Meta fostered a harmful environment that exploited vulnerable adolescents, indirectly encouraging violence.
Activision's December filing, a comprehensive 150-page response, vehemently denies all allegations. The company asserts no causal link exists between Call of Duty and the Uvalde tragedy, simultaneously seeking dismissal under California's anti-SLAPP (Strategic Lawsuits Against Public Participation) laws, designed to safeguard free speech. The publisher further underscores Call of Duty's status as a protected form of expression under the First Amendment, arguing that claims based on the game's "hyper-realistic content" infringe upon this fundamental right.
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's military realism within the broader tradition of 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 extensive documentation. The outcome remains uncertain, but the case highlights the ongoing and complex debate surrounding the relationship between violent video games and mass shootings.
