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 allege the shooter's exposure to Call of Duty's violent content contributed to the tragedy.
Activision's December filing, a comprehensive 150-page document, vehemently denies these claims. The company asserts no causal link exists between the game and the Robb Elementary School shooting, where 19 children and two teachers were killed, and 17 others injured. The defense invokes California's anti-SLAPP laws, designed to shield free speech from frivolous litigation. Furthermore, Activision emphasizes Call of Duty's status as an expressive work protected under the First Amendment, arguing that accusations based on the game's "hyper-realistic content" infringe upon this fundamental right.
To bolster its defense, Activision submitted expert declarations. Professor Matthew Thomas Payne of Notre Dame University, in a 35-page statement, counters the lawsuit's characterization of Call of Duty as a "training camp for mass shooters," arguing its depiction of military conflict aligns with established conventions in war films and television. A separate 38-page declaration from Patrick Kelly, Call of Duty's head of creative, details the game's development process, 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 defense. The outcome remains uncertain, but the case highlights the ongoing debate surrounding the potential link between violent video games and real-world violence, a recurring theme in the aftermath of mass shootings. This legal battle is significant, testing the boundaries of free speech and corporate responsibility in the context of violent video game content.