Call of Duty Shooter Blames Cops in School Massacre Lawsuit Defense

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

Activision vigorously denies any link between its Call of Duty franchise and the tragic Uvalde school shooting, asserting its content is protected under the First Amendment. This comprehensive defense, filed in response to lawsuits initiated by victim families in May 2024, counters claims that the game served as a "training camp for mass shooters."

The lawsuits, filed in California, stem from the May 24, 2022, Robb Elementary School shooting, where 19 children and two teachers were killed, and 17 others injured. The shooter, a former Robb Elementary student, was a Call of Duty player, having downloaded Modern Warfare in November 2021 and using an AR-15 rifle, similar to one depicted in the game. The plaintiffs also implicated Meta (through Instagram) for allegedly facilitating the shooter's connection to firearm manufacturers.

Activision's December filing, a 150-page response, rejects all allegations of causality. The company invoked California's anti-SLAPP laws, designed to protect free speech from frivolous lawsuits, and emphasized Call of Duty's status as an expressive work protected by the First Amendment. The company argues that characterizing the game's "hyper-realistic content" as causative contradicts this fundamental right.

Supporting its defense, Activision submitted expert declarations. Professor Matthew Thomas Payne of Notre Dame University (35-page declaration) argues that Call of Duty's military realism aligns with established conventions in war films and television, refuting the "training camp" assertion. 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 outcome remains uncertain, but the case highlights the ongoing debate surrounding the alleged connection between violent video games and mass shootings.