A defamation lawsuit against Deadspin will proceed after a judge ruled that the outlet could be liable for falsely accusing a 9-year-old Kansas City Chiefs fan of racism. In November 2023, Deadspin writer Carron Phillips criticized the boy for wearing a Native American headdress and face paint during a Chiefs game. Phillips used a photo showing only one side of the boy’s face, making it appear as if he was in blackface. The child’s family, who are of Chumash descent, received death threats and demanded a retraction, but Deadspin only edited the article without issuing a formal apology. As a result, the family filed a lawsuit against the publication.

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The Armenta family began receiving hateful messages and death threats, including one individual who threatened to kill Holden “using a wood chipper,” the lawsuit claims.

Superior Court Judge Sean Lugg rejected Deadspin’s argument that the article was protected as opinion, stating that the claims made about the boy being taught to hate by his parents were false assertions of fact. Lugg emphasized that Deadspin crossed the line into defamation with these accusations. The lawsuit alleges that the article caused significant harm to the child and his family, who were subjected to online harassment and threats. The family’s attorney, Elizabeth Locke, expressed that they are eager to move forward with the case and present it to a jury at trial.

The controversy surrounding the article came at a time when discussions about cultural sensitivity in sports were at the forefront, but the family pointed out that the boy’s costume was not intended to offend. Since the article’s publication, Deadspin has been sold, and the entire staff was laid off. Despite these changes, the legal case continues, and Locke criticized both Deadspin and Phillips for failing to show any remorse for using a young child as a “political football.” The boy, meanwhile, attended the Super Bowl in February 2024, wearing his traditional face paint and headdress, though with modifications to comply with the Chiefs’ 2020 ban on headdresses.