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.
The May 24, 2022, Robb Elementary School shooting 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 known 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.
Activision's December filing, a 150-page document, vehemently denies any causal link between Call of Duty and the shooting. The company argues the lawsuit should be dismissed under California's anti-SLAPP (Strategic Lawsuits Against Public Participation) laws, designed to protect free speech. Activision further contends that Call of Duty, as a form of artistic expression, is protected under the First Amendment. The company's assertion directly challenges the lawsuit's claims regarding the game's "hyper-realistic content."
Expert Testimony and Game Design Details
Supporting its defense, Activision submitted expert declarations. Professor Matthew Thomas Payne of Notre Dame University provided a 35-page statement contextualizing Call of Duty within the broader tradition of military-themed entertainment, refuting the lawsuit's "training camp" assertion. Patrick Kelly, Call of Duty's creative head, contributed a 38-page document detailing the game's development, including budgetary information (e.g., 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 case highlights the ongoing debate surrounding the potential influence of violent video games on real-world violence, with the outcome remaining uncertain.
