Activision Rebuts Uvalde Lawsuit, Citing First Amendment Protections for Call of Duty

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 tragedy. The May 2024 lawsuits allege the shooter's exposure to Call of Duty's violent content contributed to the massacre at Robb Elementary School on May 24, 2022, where 19 children and two teachers perished. The shooter, a former Robb Elementary student, had played Call of Duty, including Modern Warfare, and used an AR-15 rifle, similar to those depicted in the game. The plaintiffs contend Activision and Meta (via Instagram advertising) fostered a harmful environment encouraging violent behavior in vulnerable youth.

Activision's December filing, a comprehensive 150-page response, refutes all claims. The company asserts the absence of a direct causal relationship between Call of Duty and the shooting, invoking California's anti-SLAPP laws to protect free speech. The publisher further emphasizes Call of Duty's status as expressive content protected under the First Amendment, arguing that accusations based on "hyper-realistic content" violate this fundamental right.

Expert Testimony Bolsters Activision's Defense

Supporting its defense, Activision submitted declarations from key figures. Notre Dame professor Matthew Thomas Payne's 35-page statement contextualizes Call of Duty within the established tradition of military realism in film and television, directly countering the lawsuit's "training camp" assertion. Patrick Kelly, Call of Duty's head of creative, contributed a 38-page document detailing the game's development, including the substantial $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 connection between violent video games and mass shootings, a recurring theme in similar legal battles.