An Arizona man, Ray Epps, who became a key figure in a right-wing conspiracy theory surrounding the January 6 Capitol insurrection, has lost his defamation lawsuit against Fox News. Epps accused Tucker Carlson of falsely labeling him a government agent who helped orchestrate the violent events of January 6, 2021, leading to significant online harassment and threats of violence against him and his wife. This harassment was reportedly so intense that Epps and his wife had to leave their home and live in their RV to avoid danger.
U.S. District Judge Jennifer Hall, who was appointed by President Joe Biden, dismissed Epps’ case on November 28, 2024. In a brief one-page ruling, Hall granted Fox News’ motion to dismiss, explaining that Epps had failed to prove that Carlson had acted with “actual malice” a necessary element in defamation cases involving public figures. The judge also pointed out that even if Carlson’s reporting was subpar, it did not necessarily imply malicious intent, which is required for a defamation claim to succeed.
Hall noted that the individuals Carlson had brought onto his program to discuss Epps’ involvement in the January 6 events were merely offering their own opinions and commentary. Furthermore, Carlson often acknowledged Epps’ own denial that he was working with the federal government during the Capitol riot. Despite Carlson’s portrayal of Epps in a negative light, the court ruled that the statements made did not meet the legal standards for defamation.
Ray Epps became embroiled in conspiracy theories about the events of January 6 due to his involvement in the protests that preceded the storming of the U.S. Capitol. Epps was seen in Washington, D.C. on January 5 and 6, attending the “Stop the Steal” rally and interacting with people near the Capitol, including members of the Proud Boys. The fact that Epps was not immediately arrested after the riot and was removed from the FBI’s Most Wanted list fueled suspicions that he was a federal plant, designed to incite violence among Trump supporters in a “false flag” operation.
Epps has consistently denied these claims. He testified before the House Select Committee investigating the Capitol attack in January 2022, stating that although he encouraged people to march toward the Capitol, he did not enter the building and had actually attempted to de-escalate the situation and prevent violence. Epps was eventually charged with a misdemeanor for his actions on January 6 and sentenced to one year of probation in January 2024.
This legal ruling represents the latest victory for Fox News in a series of recent defamation lawsuits. On November 27, 2024, a federal judge dismissed a defamation lawsuit filed by Hunter Biden associate Tony Bobulinski against Fox News and Jessica Tarlov, a co-host of “The Five,” over comments made on-air about Bobulinski’s connections to a conservative super PAC. In July, another judge dismissed a lawsuit from Nina Jankowicz, the former head of the now-disbanded Disinformation Governance Board, after she claimed Fox’s criticism of the board led to threats against her.
After the dismissal of the Epps case, Fox News expressed satisfaction with the legal outcomes, emphasizing the protection of First Amendment rights and press freedoms in the United States. This dismissal is part of a broader pattern of courts upholding the network’s defense of free speech, particularly in cases involving political figures and controversial public discourse. With the growing number of defamation lawsuits being dismissed, Fox News continues to assert that its reporting and commentary, even when contentious or controversial, falls within the boundaries of protected speech under the First Amendment.
