A federal judge dismissed a defamation lawsuit filed against Fox News and its former primetime host Tucker Carlson, ruling that the plaintiff, January 6 participant James Ray Epps Sr., failed to meet the legal standard of “actual malice.”
Judge Jennifer L. Hall of the Delaware Federal District Court issued the decision on Wednesday, stating that Epps did not sufficiently prove Carlson or Fox News knowingly published false information or acted with reckless disregard for the truth.
The lawsuit centered on Carlson’s repeated claims that Epps was a federal agent who provoked the January 6 breach on the U.S. Capitol. Epps, a former Marine and Trump supporter, argued in his complaint that these allegations severely damaged his reputation, subjected him to threats and harassment, and caused financial ruin.
Carlson prominently featured Epps in multiple broadcasts, portraying him as a key figure who “helped stage-manage the insurrection.” Despite statements to the contrary by the FBI and the House January 6 Committee, Carlson questioned why Epps was not charged or arrested, fueling speculation among his audience.
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Epps, once an avid viewer of Carlson’s program, claimed that the allegations against him turned his life upside down. The complaint described harassment, including death threats, gunfire near his property, and the loss of his Arizona home and business.
Epps also claimed that he and his wife were forced to relocate and live in an RV to escape the constant threats. The lawsuit alleged that Carlson’s reporting “destroyed” their livelihood and reputation, despite Epps’s cooperation with authorities and testimony refuting any connections to law enforcement.
Defamation cases, particularly those involving public figures like Ray Epps, are notoriously difficult to win due to the high legal standard established by the Supreme Court in New York Times Co. v. Sullivan.
“Following the dismissals of the Jankowicz, Bobulinski and now Epps cases, Fox News is pleased with these back-to-back decisions from federal courts preserving the press freedoms of the First Amendment,” the network said in a statement.
Carlson, who parted ways with Fox News in April 2023, remains a polarizing figure and influential voice in the media. Carlson’s firing may have been a condition demanded by Dominion, the voting technology company involved in a high-profile lawsuit. Tucker’s planned monologue prior to his firing was set to focus on Epps, according to Carlson’s biographer.
WOW.
Chadwick Moore just revealed that Tucker’s monologue for his next episode at Fox was about Ray Epps and January 6th.
He was canceled before it would air.
— Ryan Fournier (@RyanAFournier) May 22, 2023
Epps was charged with a misdemeanor count of disorderly conduct related to his actions on January 6 last year. He pleaded guilty to the charge. In January 2024, he was sentenced to one year of probation and 100 hours of community service.
Carlson suggested that Epps was an FBI informant who instigated the breach to discredit Trump supporters. These claims were based on videos showing Epps encouraging protesters to enter the Capitol and the fact that he was not immediately arrested or charged.
Epps testified under oath before the House Select Committee investigating the January 6 breach, stating that he had no connections to the FBI or any other law enforcement agency. The committee confirmed that Epps was not an informant or agent for any law enforcement entity.
