Judge dismisses Fox News lawsuit by Capitol riot figure
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A federal judge has thrown out a defamation lawsuit filed by January 6th defendant Ray Epps against Fox News and former host Tucker Carlson.
Delaware Federal District Judge Jennifer Hall determined that Carlson’s coverage of Epps was protected by First Amendment rights, as Epps’ legal team failed to demonstrate “actual malice” in the reporting.
Prior to this ruling, various media personalities had predicted a victory for Epps. During a July 2023 MSNBC discussion, former Rep. David Jolly suggested the Dominion case’s $800 million settlement had opened doors for similar lawsuits against Fox News, while former Rep. Donna Edwards anticipated substantial financial penalties.
BREAKING: A federal judge just ruled to dismiss the lawsuit filed by January 6th operative Ray Epps against Tucker Carlson & Fox for defamation.
The judge dismissed it without comment. She might've felt there was validity to the claims that Epps was a Fed.
Anyone with a brain… pic.twitter.com/vOLK9T4AYj
— George (@BehizyTweets) November 27, 2024
However, Judge Hall aligned with Fox News’ defense, which emphasized their commentary as protected opinion. The network’s legal team highlighted Carlson’s use of disclaimer language, noting how he explicitly stated viewers could form their own conclusions from presented evidence.
The lawsuit stemmed from Carlson’s speculation about Epps potentially being a government operative, following footage showing Epps encouraging Capitol entry on January 5, 2021. In the video, Epps was recorded saying, “We’re far beyond that. In fact, tomorrow—I don’t even like to say it because I’ll be arrested—we need to go into the Capitol. We’re here to defend the Constitution.” He further stated, “I’m going to put this out there. I’m probably going to jail for it. Tomorrow, we need to go into the Capitol. Into the Capitol. Peacefully.”
Earlier this month, Epps received a twelve-month probation sentence for his role in the Capitol riot, a notably lenient punishment compared to other January 6 defendants. The Department of Justice had recommended six months’ imprisonment, having offered Epps a misdemeanor plea deal for his cooperation.
🔥Kash Patel: “Ray Epps was on FBI's most wanted list one day, and the next day he was off. There are only two ways that happens: you die, or you are an informant.”
pic.twitter.com/HTEek9i1tP— NanLee Marie Carissimi (@NanLee1124) November 30, 2024
Mike Davis of the Article III Project expressed surprise at the disparity, stating, “It’s amazing Ray Epps gets mere probation after there is video evidence he helped incite the January 6th riot, while Trump supporters get sent to prison for months — even years — for trespassing and taking selfies on the Senate floor. The FBI protects its own.”
Fox News celebrated the dismissal alongside other recent legal victories, while Epps’ legal representation hasn’t provided any comment on the ruling.
