Judge rules for 9-year-old Kansas City Chiefs fan, allowing his lawsuit against Deadspin to go forward
Holden Armenta in face-paint and headdress,
on his way to the Superbowl in February. Click for video.
In a ruling earlier this week, a Delaware judge rejected the motion of the news organization Deadspin to dismiss the lawsuit by 9-year-old Holden Armenta that accuses the news organization of falsely slandering the boy as a racist and bigot.
This story is just another example of the legacy of hate that came out of the Obama era, whereby leftists decided they had the right to slander and defame anyone they wanted, simply for political gain. In this case Deadspin writer Carron Phillips had in an article unjustly accused this child of being a racist because he attended a game wearing facepaint.
Phillips wrote the child was wearing blackface, and Deadspin helped Phillips push this lie by printing a picture that only showed the black side of Armenta’s face. A head-on shot showed his facepaint had nothing to do with blackface, but was a typical example of what many football fans do, paint their faces with the colors of their team. The right side of the boy’s face was painted black, the left side red.
What made the slander even more egregious is that Holden is an American Indian, with his grandfather, Raul Armenta, on the board of the Chumash Tribe in Santa Ynez, California. Deadspin and Phillips further worsened the situation by refusing to take down the story. Phillips even went so far as to further accuse the boy of bigotry against American Indians by the use of the red face paint!
Deadspin, which shortly after its slanderous behavior was sold to a foreign company which then fired its entire staff, had attempted to get the Armenta lawsuit dismissed, claiming that Phillips’ article was simply an “opinion,” not a statement of a false fact that was libelous. Superior Court Judge Sean Lugg bluntly rejected that argument, allowing the lawsuit to now go forward.
“Deadspin published an image of a child displaying his passionate fandom as a backdrop for its critique of the NFL’s diversity efforts and, in its description of the child, crossed the fine line protecting its speech from defamation claims,” the judge wrote.
“Having reviewed the complaint, the court concludes that Deadspin’s statements accusing H.A. [Holden Armenta] of wearing black face and Native headdress ‘to hate black people and the Native American at the same time,’ and that he was taught this hatred by his parents, are provable false assertions of fact and are therefore actionable,” Lugg added.
It remains unclear if the Armentas can win very much by the suit. As I noted, the company has been sold, and the assets of the new owners are unknown. Moreover, for some reason the lawsuit did not name any individuals, so Carron Phillips and the now fired Deadspin editors who tried to justify his defamation are facing no personal liability.
There has been some victory however, as noted almost as an aside in the linked article above:
Phillips, accurately described in the Armentas’ lawsuit as “someone who makes his livelihood through vicious race-baiting,” remains unemployed. [emphasis mine]
As I wrote in March in reporting the sale of Deadspin, “Above all, it is very important that we all remember the name of Carron Phillips. If this man ever tries to return to journalism we must remember this incident, because it tells us how unreliable he is as a reporter and person. More important, any news organization that hires him now would immediately label itself suspect.”
It appears that the news business so far wants nothing to do with Phillips. May it remain so.
We can also hope that this lawsuit — as well as the numerous other recent legal victories by defamed individuals — might finally force the people on the left to exercise some caution before accusing others of bigotry and racism.
It isn’t likely, at least in the short run. In the long run however the present trends are definitely hopeful.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
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4. Donate by check, payable to Robert Zimmerman and mailed to
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Holden Armenta in face-paint and headdress,
on his way to the Superbowl in February. Click for video.
In a ruling earlier this week, a Delaware judge rejected the motion of the news organization Deadspin to dismiss the lawsuit by 9-year-old Holden Armenta that accuses the news organization of falsely slandering the boy as a racist and bigot.
This story is just another example of the legacy of hate that came out of the Obama era, whereby leftists decided they had the right to slander and defame anyone they wanted, simply for political gain. In this case Deadspin writer Carron Phillips had in an article unjustly accused this child of being a racist because he attended a game wearing facepaint.
Phillips wrote the child was wearing blackface, and Deadspin helped Phillips push this lie by printing a picture that only showed the black side of Armenta’s face. A head-on shot showed his facepaint had nothing to do with blackface, but was a typical example of what many football fans do, paint their faces with the colors of their team. The right side of the boy’s face was painted black, the left side red.
What made the slander even more egregious is that Holden is an American Indian, with his grandfather, Raul Armenta, on the board of the Chumash Tribe in Santa Ynez, California. Deadspin and Phillips further worsened the situation by refusing to take down the story. Phillips even went so far as to further accuse the boy of bigotry against American Indians by the use of the red face paint!
Deadspin, which shortly after its slanderous behavior was sold to a foreign company which then fired its entire staff, had attempted to get the Armenta lawsuit dismissed, claiming that Phillips’ article was simply an “opinion,” not a statement of a false fact that was libelous. Superior Court Judge Sean Lugg bluntly rejected that argument, allowing the lawsuit to now go forward.
“Deadspin published an image of a child displaying his passionate fandom as a backdrop for its critique of the NFL’s diversity efforts and, in its description of the child, crossed the fine line protecting its speech from defamation claims,” the judge wrote.
“Having reviewed the complaint, the court concludes that Deadspin’s statements accusing H.A. [Holden Armenta] of wearing black face and Native headdress ‘to hate black people and the Native American at the same time,’ and that he was taught this hatred by his parents, are provable false assertions of fact and are therefore actionable,” Lugg added.
It remains unclear if the Armentas can win very much by the suit. As I noted, the company has been sold, and the assets of the new owners are unknown. Moreover, for some reason the lawsuit did not name any individuals, so Carron Phillips and the now fired Deadspin editors who tried to justify his defamation are facing no personal liability.
There has been some victory however, as noted almost as an aside in the linked article above:
Phillips, accurately described in the Armentas’ lawsuit as “someone who makes his livelihood through vicious race-baiting,” remains unemployed. [emphasis mine]
As I wrote in March in reporting the sale of Deadspin, “Above all, it is very important that we all remember the name of Carron Phillips. If this man ever tries to return to journalism we must remember this incident, because it tells us how unreliable he is as a reporter and person. More important, any news organization that hires him now would immediately label itself suspect.”
It appears that the news business so far wants nothing to do with Phillips. May it remain so.
We can also hope that this lawsuit — as well as the numerous other recent legal victories by defamed individuals — might finally force the people on the left to exercise some caution before accusing others of bigotry and racism.
It isn’t likely, at least in the short run. In the long run however the present trends are definitely hopeful.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
What in the hell kind of monster attacks a child?
God bless the adults who are protecting Holden Armenta.
“Societies endure only when they are devoted to future generations.”
— Sir Roger Scruton
https://x.com/wrathofgnon/status/760290581809463296/photo/1
“Phillips… remains unemployed. ”
Good. Here’s how I would explain in a job interview a gap in my resume:
https://t.ly/LZxDu
“Moreover, for some reason the lawsuit did not name any individuals, so Carron Phillips and the now fired Deadspin editors who tried to justify his defamation are facing no personal liability.”
At a guess, the reason is that Phillips is broke. He’s got no money for a civil suit and few backers willing to bail him out. The Deadspin brand was (foolishly) bought, which makes its new owners liable for the previous holder’s … liabilities (whether or not they should be so liable).
I bet the company that bought Deadspin was the company that originally invested or financed them. Just a front company for a democrat donor trying to give money to a “reporters”, NGO’s and “news organizations” A million dollars can go a LONG way.
And since they are not inside the US I bet they will never pay.