Activision Files Robust Defense in CoD Uvalde Lawsuit

Activision's Defense in Uvalde Shooting Lawsuit: Call of Duty and First Amendment Rights

Activision Blizzard has filed a robust defense against lawsuits filed by Uvalde school shooting victims' families, 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 were killed, and 17 others injured. The shooter, an 18-year-old former student, played Call of Duty, including Modern Warfare, and used an AR-15 rifle, similar to one depicted in the game.

Activision's December filing, a 150-page document, refutes all claims of direct causation. The company invokes California's anti-SLAPP (Strategic Lawsuits Against Public Participation) laws, arguing the suit constitutes an abuse of free speech protections. Further, Activision asserts Call of Duty's expressive content is safeguarded by the First Amendment, contesting the notion that its "hyper-realistic" content violates this fundamental right.

Supporting its defense, Activision submitted expert declarations. Professor Matthew Thomas Payne of Notre Dame University, in a 35-page statement, argues that Call of Duty's depiction of military conflict aligns with established traditions in war films and television, rather than functioning as "training camp for mass shooters," as the plaintiffs allege. Patrick Kelly, Call of Duty's head of creative, provided a 38-page account of the game's development, including details on 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 highlights the ongoing debate surrounding the relationship between violent video games and mass shootings, with the outcome remaining uncertain. This legal battle underscores the complex intersection of entertainment, free speech, and societal responsibility.