A federal judge on Wednesday tossed a defamation lawsuit brought by an Arizona man targeted by conspiracy theorists against Fox News, accusing the right-wing network and former primetime host Tucker Carlson of spreading false narratives about the January 6 attack.
Following the insurrection, conspiracy theorists baselessly suggested the attack on the US Capitol had been a “false flag” operation orchestrated by the federal government to portray then-President Donald Trump’s supporters in a negative light. As part of the bogus narrative, several right-wing personalities, including Carlson, claimed a former Trump supporter, Ray Epps, was a federal agent who helped incite the attack.
Epps, who breached the Capitol during the January 6 attack, later pleaded guilty to disorderly conduct in a restricted area and was sentenced to one year probation. Epps sued Fox in July 2023 claiming that the network had scapegoated the former rancher and US Marine, spreading lies that “reached hundreds of millions of people and caused enormous harm to Epps.”
Yet, in a Wednesday court session, Judge Jennifer L. Hall of the US district court of Delaware found that Epps had failed to provide enough factual evidence to prove that the network and Carlson had engaged with malice when it intimated Epps may have cooperated with the US government on January 6.
In a statement, Fox said it was “pleased” with the decision and mentioned the recent dismissal of lawsuits brought by former Biden family associate Tony Bobulinski and disinformation researcher Nina Jankowicz.
“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,” Fox News Media said in a statement.
Fox had sought the lawsuit’s dismissal for some time, arguing that its hosts and guests were simply raising questions when they suggested Epps had instigated the January 6 attack.
A representative for Epps did not respond to a CNN request for comment.
