Activision's Robust Defense Against Uvalde Shooting Lawsuits
Activision Blizzard vehemently denies any connection between its Call of Duty franchise and the tragic Uvalde school shooting, asserting its content is protected under the First Amendment. The company's comprehensive legal response, filed in December, counters claims that the game served as a "training ground for mass shooters." Families of the victims have until late February to submit their rebuttal to Activision's extensive documentation.
Filed in May 2024, the lawsuits allege the shooter's exposure to Call of Duty's violent content influenced his actions. The May 24, 2022, massacre at Robb Elementary School claimed the lives of 19 children and two teachers, leaving 17 others injured. The 18-year-old shooter, a former Robb Elementary student, was a frequent Call of Duty player, downloading Modern Warfare in November 2021, and used an AR-15 rifle, similar to those depicted in the game. The plaintiffs also implicated Meta (through Instagram) for facilitating the shooter's access to firearm advertisements, including those for the AR-15. The families argue both companies fostered a harmful environment that exploited vulnerable adolescents, indirectly promoting violent behavior.
Activision's 150-page defense, detailed by Game File, rejects all accusations, emphasizing the lack of direct causal link between Call of Duty and the tragedy. The company invoked California's anti-SLAPP laws to protect its free speech rights. Further filings highlight Call of Duty's status as protected expression under the First Amendment, arguing that claims based on "hyper-realistic content" infringe upon this fundamental right.
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 tradition of military realism found in film and television, directly refuting the "training camp" assertion. Patrick Kelly, Call of Duty's head of creative, contributed a 38-page document detailing the game's development, including the $700 million budget for Call of Duty: Black Ops Cold War.
The extensive documentation submitted by Activision awaits a response from the Uvalde families by late February. The outcome remains uncertain, but this case underscores the ongoing debate surrounding the role of violent video games in mass shootings.
