Deadspin has found itself the defendant of a defamation lawsuit following Carron Phillips’s comments that a 9-year-old Kansas City Chiefs fan had “found a way to hate Black people and the Native American at the same time.”[1] The boy, Holden Armenta, wore a headdress and face paint at a Chiefs-Raiders game.
Since Phillips’s article was published on November 27, 2023, Holden has experienced bullying, has lost friendships, and has struggled in school.[2] According to his parents, Holden has also started speaking with a therapist.[3] The Armentas worry that a Google search of their son’s name will return results about him being accused of racism.[4]
Holden’s parents allege the article is defamatory in that their son did not wear blackface, rather his face was painted to show the Chief’s colors.[5] They assert that Holden does not hate black people, nor Native Americans.[6] In fact, Holden is of Native American descent, as both his father and grandfather are of the Santa Ynez Band of Chumash Mission Indians (Cal.).[7] The Armentas also take issue with Phillips’s reference to “who taught” Holden that his attire was appropriate.[8] Assuming the latter comment means his parents, the Armentas say that they have never taught hate or racism, and they are proud of their Native American heritage.[9]
The family initially sought an apology from Deadspin, but the publication refused; instead saying the intended focus was on the NFL, not the boy.[10] Now, the family seeks monetary damages and an injunction that would bar further republication of any image or defamatory statement from Phillips’s article.[11]
If the family can show the disputed statements were assertions of fact, not opinion, they may win their case.
Cancel culture seemed redemptive at first, but this case shows it has gone too far. Not only did Phillips target a 9-year-old child, but his lack of research and diligence has backfired. Instead of “cancelling” this young fan, Phillips is now at the center of a lawsuit. Phillips’s strong rhetoric and an unwillingness to acknowledge his wrongdoing has not helped his case. The outcome of this matter is important, as it could have a bearing on the role of cancel culture in American society. It could also impact the process by which “news” outlets vet their stories.
A dedicated fan, Holden donned the Native American headdress and yellow, white, and red face paint at Super Bowl LVIII.
Image Credit: Shannon Armenta/Facebook via National Review
[1] https://www.sportico.com/law/analysis/2024/deadspin-defamation-lawsuit-chiefs-fan-1234765929/
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] https://www.sportico.com/law/analysis/2024/deadspin-defamation-lawsuit-chiefs-fan-1234765929/
[8] Id.
[9] Id.
[10] Id.
[11] Id.
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