Activision asks judge to strike Uvalde parents’ Call of Duty lawsuit

Several families of victims killed or wounded in the 2022 school shooting in Uvalde, Texas, are suing Activision Blizzard for its alleged role in “chewing up alienated teenage boys and spitting out mass shooters,” according to a lawsuit filed in May 2024 . The families hope the court will hold the company accountable for allegedly promoting guns and violence to children, alleging that 18-year-old shooter Salvador Ramos played Call of Duty “obsessively.” Aktivizhn Blizzard filed a response in late December. citing California’s anti-SLAPP laws, which protect companies’ “right to creative expression.”

Lawyers for Activision Blizzard responded by saying the lawsuit “is the latest attempt to revive an old play, echoing allegations made in lawsuits filed in the wake of Columbine and other violent crimes.” He cited several court cases in which he ruled that “video game creators and distributors cannot legally be held legally responsible for school shootings or other violent crimes.”

SLAPP stands for Strategic Lawsuit Against Public Participation. SLAPP protection used to dismiss a “frivolous claim”[s] are aimed at the lawful exercise of the rights to truthful speech, lawful petition, and legal association,” according to Bloomberg Law. For example, Court Grants Anti-SLAPP Motion to File Negligence and Liability Claim regarding video game addiction in 2014. That’s because courts and legislatures have previously agreed that video games should be treated as creative works covered by the First Amendment, rather than as products, in legal terms.

“Plaintiffs’ injuries – both legal and emotional – stem from a brutal attack by a perpetrator. And if plaintiffs seek to restrict artistic expression, they should appeal to the legislature, not the courts,” Activision writes. “In this “latest episode in a long line of failed attempts to censor violent entertainment” (ibid., p. 804), there can only be one result: The Complaint must be dismissed.”

In the 25-page response document and accompanying materials, Activision Blizzard argues its case for why Call of Duty should be considered an artistic expression and not just a product. Part of this argument is a detailed description of how games – and Call of Duty in particular – represent public interest: “Games also deal with real-world issues – such as geopolitics, how technology affects war and the moral complexities of combat – inspired by historical events, including Russian intervention in the Syrian civil war and the 2012 Benghazi attack.”

Activision says this is all done using creative and artistic cinematic and literary techniques, as well as technology that enhances immersion and realism – without depriving them of First Amendment protection. “If anything, advanced technology has only enhanced the artistry and creativity of video games – and made them more expressive akin to film and television – transporting players to rich landscapes, fast-paced and exciting storylines and dynamic battle scenes,” the lawyers said. say. All Call of Duty games include realistic weapon depictions, which Activision Blizzard says has “artistic significance” to the franchise. Thus, according to Activision Blizzard, the plaintiffs have no basis for their negligence or product liability claims. He also disputes other allegations such as aiding and abetting. Several other documents were filed along with the arguments, including Long statement from Call of Duty creative director Patrick Kellywho revealed that Call of Duty: Black Ops Cold War the development cost was $700 million, and one of University of Notre Dame Media Professor Thomas Painewhich describes the cultural history of Call of Duty and war games.

But lawyer Katherine Mesner-Hage argued in the original complaint that Activision, Meta (with Instagram) and weapons maker Daniel Defense are a “three-headed monster” that has “knowingly exposed [Ramos] to a weapon, taught him to see it as a tool to solve his problems and taught him to use it.” It’s a conversation that arises from time to time around tragedies like the Uvalde shooting or violence like the murder of UnitedHealthcare CEO Brian Thompson; with the death of Thompson, Some media outlets have pointed out the suspicion of Luigi Mangione’s connection with video games such as Among usdespite the lack of evidence linking the murder to the social game.

The next hearing, on April 15, will decide whether the complaint will be dismissed under SLAPP protections.