Deadspin loses effort to get defamation lawsuit over blackface article tossed

Karah Rucker

A DELAWARE JUDGE HAS RULED A DEFAMATION LAWSUIT AGAINST SPORTS WEBSITE DEADSPIN **CAN MOVE FORWARD – THE CASE INVOLVING THIS 9-YEAR-OLD KANSAS CITY CHIEFS FAN.

THE IMAGE WENT VIRAL AFTER THE PUBLICATION PUT THIS PICTURE FRONT AND CENTER ON AN ARTICLE CRITICIZING THE NFL –

SAYING THE LEAGUE NEEDED TO SPEAK OUT “AGAINST THE FAN IN BLACK FACE” AND “NATIVE HEADRESS” AT A RAIDERS-CHIEFS GAME LAST NOVEMBER.

THE PROBLEM – “HOLDEN ARMENTA’S” FACE WAS PAINTED BLACK ON HALF OF HIS FACE – THE OTHER HALF WAS RED – BUT THAT WASN’T SHOWN IN THE ARTICLE.

HOLDEN’S PARENTS FILED THE DEFAMATION LAWSUIT IN FEBRUARY–

THEY SAY THEIR SON IS A DEDICATED CHIEFS FAN WITH AN APPRECIATION FOR HIS OWN INDIAN HERITAGE –

SAYING THE ARTICLE PUBLISHED BY DEADSPIN WRITER “CARRON PHILLIPS” SMEARED THEIR SON AS A RACIST.

PHILLIPS WROTE WITHIN THE ARTICLE THAT THE KID PICTURED HAD “FOUND A WAY TO HATE BLACK PEOPLE AND THE NATIVE AMERICAN AT THE SAME TIME” AND SUGGESTED THAT HIS PARENTS HAD INSTILLED “HATRED” IN HIM.

BOTH DEADSPIN AND THE PARENTS RECEIVED BACKLASH AFTER THE ARTICLE WENT VIRAL.

DEADSPIN LATER CHANGED THE HEADLINE TO “THE NFL MUST BAN NATIVE HEADDRESS AND CULTURALLY INSENSITIVE FACE PAINT IN THE STANDS,” STATING, “WE REGRET ANY SUGGESTION THAT WE WERE ATTACKING THE FAN OR HIS FAMILY.”

UNHAPPY WITH THEIR RESPONSE – THE ARMENTA FAMILY FILED A DEFAMATION LAWSUIT –

AND THIS WEEK – A JUDGE DENIED DEADSPIN’S MOTION TO DISMISS THE CASE.

Judge sean lugg writing –

“Deadspin published an image of a child displaying his passionate fandom as a backdrop for its critique of the NFL’s diversity efforts…”

“The statements accusing (HOLDEN ARMENTA) H.A. of wearing black face and Native headdress ‘to hate black people and the Native American at the same time’ are provable false assertions of fact.”

A SPOKESPERSON FOR “G/O MEDIA” WHICH OWNS DEADSPIN HAS NOT COMMENTED ON THE CASE MOVING FORWARD.

THE ARMENTA FAMILY’S ATTORNEY SAYS THEY ARE “EAGER TO PRESENT THEIR CASE TO A JURY.”

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