A judge in Delaware has denied Deadspin’s request to dismiss a defamation lawsuit over an article published by former Deadspin writer Carron J. Phillips, accusing a young NFL fan of wearing blackface at a Kansas City Chiefs game.

The article featured an image of Holden Armenta, age nine, who was wearing a Native American headdress and painted half his face black and the other half red. Deadspin, which also criticized the headdress, initially displayed only the black-painted side of Holden’s face in its coverage.

Published in 2023, the Deadspin article remained unchanged for 11 days. “It takes a lot to disrespect two groups of people at once. But on Sunday afternoon in Las Vegas, a Kansas City Chiefs fan found a way to hate Black people and the Native Americans at the same time,” it declared.

The Armenta family demanded a retraction, but Deadspin only added an editor’s note after legal threats. Phillips’s piece continued to assert that the child was perpetuating racism, which the Armenta family disputes, noting Holden is Native American.

The lawsuit, initiated in February, accuses Deadspin and Phillips of making baseless allegations to stimulate attention and create a politically charged narrative. Judge Sean Lugg indicated that assertions in Deadspin’s article were actionable as false accusations rather than protected opinions. He stated Deadspin’s implication of racial hatred by the young fan crossed into defamation territory.

In March, G/O Media sold Deadspin to Lineup Publishing. Following the acquisition, Lineup Publishing dismissed Deadspin’s staff, including Phillips.

Following the article’s publication, the Armentas claimed to have received threatening messages, including death threats toward Holden. In an appearance on Fox News last year, the child said the situation was “scary” and made him “nervous.”