Activision Countersues in Uvalde School Shooting Case

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 victim 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 more. The 18-year-old shooter, a former Robb Elementary student, was a known Call of Duty player, having downloaded Modern Warfare in November 2021 and using an AR-15 rifle – similar to in-game weaponry. The plaintiffs argue that Activision, alongside Meta (via Instagram's role in connecting the shooter with firearm manufacturers), fostered a harmful environment encouraging violent behavior in vulnerable adolescents.

Activision's December filing, a 150-page response to the California lawsuit, vehemently denies these claims. The company asserts no causal link between Call of Duty and the Uvalde shooting, invoking California's anti-SLAPP laws to protect its First Amendment rights. The defense emphasizes Call of Duty's status as protected expressive work, arguing that accusations based on "hyper-realistic content" infringe upon fundamental free speech principles.

Supporting its defense, Activision submitted expert declarations. A 35-page statement from Notre Dame professor Matthew Thomas Payne counters the lawsuit's "training camp" assertion, contextualizing Call of Duty's military realism within the broader tradition of war-themed films and television. A further 38-page submission 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 comprehensive defense. The outcome remains uncertain, but the case highlights the ongoing debate surrounding the connection between violent video games and mass shootings.