Activision Defends Against School Shooting Lawsuit

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 by victims' families in May 2024, the lawsuits allege the shooter's exposure to Call of Duty's violent content contributed to the tragedy.

The May 24, 2022, Robb Elementary School shooting claimed the lives of 19 children and two teachers, injuring 17 others. The 18-year-old shooter, a former Robb Elementary student, was a Call of Duty player, having downloaded Modern Warfare in November 2021. The lawsuits contend that Activision, alongside Meta (allegedly through Instagram's promotion of firearms), fostered an environment encouraging violent behavior in vulnerable youth.

Activision's December filing, a 150-page response to the California lawsuit, vehemently denies any causal link between Call of Duty and the shooting. The company seeks dismissal under California's anti-SLAPP laws, protecting free speech from strategic lawsuits against public participation. Activision further asserts Call of Duty's First Amendment protection as an expressive work, arguing that claims based on its "hyper-realistic content" infringe upon this right.

Supporting its defense, Activision submitted expert declarations. Notre Dame professor Matthew Thomas Payne's 35-page statement contextualizes Call of Duty within the tradition of military realism in film and television, refuting the lawsuit's "training camp" characterization. A 38-page declaration from Patrick Kelly, Call of Duty's head of creative, details the game's development, including the $700 million budget for Call of Duty: Black Ops Cold War.

The Uvalde families have until late February to respond to Activision's extensive documentation. The case's outcome remains uncertain, yet it underscores the ongoing debate surrounding the connection between violent video games and mass shootings.