A federal judge on Friday dismissed a defamation lawsuit against Fox News filed by Raymond Epps, a former supporter of Donald Trump who claimed the network spread false conspiracy theories that he was a government operative involved in the January 6, 2021, US Capitol attack. The ruling marks the second time the court has rejected the case.
Background of the Case
Raymond Epps, a former Marine and member of the far-right Oath Keepers group, alleged that Fox News falsely portrayed him as a federal agent who incited violence at the Capitol to blame Trump supporters. He claimed the network's coverage led to death threats, forcing him and his wife to sell their Arizona ranch and live in a recreational vehicle to escape harassment.
Judge's Decision
US District Judge Jennifer L. Hall sided with Fox News, granting the network's motion to dismiss. She concluded that Epps failed to provide sufficient evidence that Fox knowingly aired false information, a requirement to prove "actual malice" under defamation law. Hall had previously dismissed the lawsuit in 2024 but allowed Epps to amend his complaint.
In her Friday ruling, Hall stated that the updated filing still did not meet the legal standard. She wrote that the allegations, taken together, did not support a plausible inference that former Fox host Tucker Carlson or other show personnel subjectively knew their statements were false or acted with reckless disregard for the truth.
Role of Tucker Carlson
The lawsuit identified Tucker Carlson, who left Fox News in April 2023, as the primary figure behind the conspiracy theory. Court documents noted that Epps was a strong Trump supporter and an avid Fox viewer who admired Carlson. However, the judge ruled that the evidence did not show Carlson or his team knowingly spread falsehoods.
Epps' Legal History
Epps initially pleaded guilty to a misdemeanor related to the Capitol attack and received one year of probation. He was later pardoned by Trump, along with about 1,500 others granted clemency for actions tied to the attack. Federal prosecutors have supported Epps' denials that he worked with the FBI or was planted by the government at the Capitol. He served in the US Marines from 1979 to 1983 but was never employed as a government agent.
Fox News Response
Fox News expressed satisfaction with the ruling, stating it "further preserves the press freedoms" protected by the First Amendment, as reported by the Associated Press.
