Activision Defends in 'Call of Duty' Lawsuit

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

Activision vigorously denies allegations linking its Call of Duty franchise to the tragic Uvalde school shooting, asserting its content is protected under the First Amendment. The company's comprehensive defense, filed in response to lawsuits from victim's families, refutes claims that the game served as "training camp for mass shooters."

Filed in December, Activision's 150-page response rejects all allegations of a causal link between Call of Duty and the Robb Elementary School tragedy. The company invoked California's anti-SLAPP laws, designed to shield free speech from frivolous litigation, seeking dismissal of the case. Activision further emphasizes Call of Duty's status as an expressive work protected by the First Amendment, arguing that claims based on its "hyper-realistic content" infringe upon this fundamental right.

Expert testimony bolsters Activision's defense. A 35-page declaration from Notre Dame professor Matthew Thomas Payne contextualizes Call of Duty within the long-standing tradition of military realism in film and television, directly countering the "training camp" assertion. Patrick Kelly, Call of Duty's head of creative, contributed a 38-page statement 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. The lawsuit, filed in May 2024, alleges that the shooter's exposure to Call of Duty, coupled with Meta's alleged facilitation of his access to firearm advertisements on Instagram, contributed to the tragedy. The May 24, 2022 shooting claimed the lives of 19 children and two teachers, injuring 17 others. The shooter, an 18-year-old former student, had a history of Call of Duty gameplay, downloading Modern Warfare in November 2021 and using an AR-15 rifle similar to one depicted in the game.