The lawsuit against Deadspin will move forward after a judge accepts the news organization's claims. may be liable Defamation case against 9-year-old boy accused of racism because of Kansas City Chiefs costume.
In November 2023, Deadspin writer Caron Phillips scolded a child who showed up to a Raiders-Chiefs game wearing a Native American headdress and face paint. Phillips faced immediate backlash online after some people noticed that she had used a photo of only one side of the child's face to make it appear as if she was wearing blackface.
“According to the child's explanation, [Deadspin] He crossed the fine line that protects his speech from defamation claims. ”
The boy's family demanded that the magazine retract the article, saying they had received violent abuse, including death threats. In their defense, the family pointed to their Chumash heritage. The family decided to file a lawsuit after Deadspin edited the article but failed to issue a formal apology.
The magazine argued in court that it was not liable for defamation because the article was opinion-based, but Superior Court Judge Sean Rugg disagreed and ruled that the lawsuit could proceed.
“Deadspin publishes an image of a child who appears to be an avid fan as a backdrop for criticizing the NFL's diversity efforts, and its description of the child protects the speech from defamation claims. It was a fine line to walk,” Rugg wrote.
In his article, he called specific claims that children were indoctrinated with hatred by their parents and wore paint to demean Native Americans and Black people “a provably false assertion of fact.” , therefore there is a possibility of litigation.”
Since the original article was published, Deadspin has been sold and its entire staff has been laid off.
“Deadspin and Caron Phillips have never once regretted using a 9-year-old boy for their political football,” an email statement from the family's attorney Elizabeth Locke said. Ta. “The Armenta family looks forward to taking depositions and presenting this matter to the jury at trial.”
The boy was not allowed to wear the costume at the Kansas City Chiefs stadium because the Kansas City Chiefs have banned headdresses starting in 2020.
He attended the Super Bowl between the Chiefs and the San Francisco 49ers in February wearing a headdress and face paint, but not one side painted black.
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