A Delaware judge has ruled that a defamation lawsuit against sports website Deadspin will not be dismissed. The lawsuit was filed by California residents on behalf of their 9-year-old son, who was accused of racism in an article published by Deadspin.
The incident occurred when the boy, a Kansas City Chiefs fan of Chumash-Indian heritage, attended a game wearing a Chiefs jersey, face paint, and a Native American headdress. A Deadspin writer accused the boy of racism based on a screenshot showing only one side of his face painted black.
Following the publication of the article, the family received hateful messages and death threats. Despite demands for a retraction and apology, Deadspin initially made edits to the article but retained the accusations of racism. The article was later updated to focus on the NFL's policies regarding cultural attire in the stands.
In response to Deadspin's actions, the family filed a defamation lawsuit. The judge denied Deadspin's motion to dismiss the lawsuit, stating that the accusations made in the article were provably false assertions of fact and therefore actionable. The judge also rejected Deadspin's argument that the lawsuit should have been filed in California instead of Delaware.
Both parties are now preparing for trial, with the family's attorney expressing the family's determination to present their case to a jury. Deadspin's former parent company, G/O Media, declined to comment on the ruling.
