Judge Dismisses Defamation Suit Against Fox News Over Jan. 6 Coverage
A federal judge has dismissed a defamation lawsuit filed by Ray Epps, an Arizona man who alleged that Fox News and former host Tucker Carlson promoted conspiracy theories falsely accusing him of inciting the January 6, 2021, Capitol attack.
Epps, a former Marine and Trump supporter, claimed in his lawsuit that the network scapegoated him through its coverage, which aligned with conspiracy theories suggesting the Capitol riot was a “false flag” operation orchestrated by the federal government. Carlson and other right-wing commentators had implied that Epps, who was present at the Capitol that day, was a federal agent acting to discredit Trump supporters.
In September 2023, Epps pleaded guilty to a charge of disorderly conduct for his role in breaching the Capitol and was sentenced to one year of probation. In his defamation suit, filed in July 2023, Epps argued that Fox’s dissemination of false information caused significant damage to his reputation and well-being.
However, Judge Jennifer L. Hall of the U.S. District Court for the District of Delaware ruled on Wednesday that Epps had not provided sufficient evidence to prove that Fox News or Carlson acted with actual malice—a key standard for defamation cases involving public figures.
Fox News welcomed the ruling, noting that it follows the dismissal of similar lawsuits against the network.
“Fox News is pleased with these back-to-back decisions from federal courts upholding the First Amendment and press freedoms,” the network said in a statement, referencing previous cases brought by Tony Bobulinski and Nina Jankowicz.
Epps’ legal representatives did not respond to requests for comment. Fox had long argued that its coverage merely raised questions and did not assert definitive claims about Epps’ involvement in the Capitol attack.
