Capitol rioter's defamation suit against Fox News is dismissed

A Delaware court judge has dismissed a defamation lawsuit against Fox News filed by a Jan. 6 rioter who said the network falsely identified him as an FBI informant.

U.S. District Court Judge Jennifer L. Hall granted Fox News’ motion to dismiss the suit filed last year by Ray Epps.

Now based in Utah, Epps alleged his life was upended after former Fox host Tucker Carlson repeatedly described him as a federal agent who helped instigate the attack on the Capitol, which was an attempt to stop the certification of the election of Joe Biden.

Carlson described Epps as a principal in a false flag operation in which the government incited the Jan. 6 riot, an unfounded conspiracy theory. He made the false comments about Epps on his program over a period of nearly two years and in a series called “Patriot Purge” that streamed on Fox Nation in 2022.

In her remarks from the bench, Hall said Carlson did not act with malicious intent.

Fox News welcomed the judge’s decision, which is the third consecutive defamation case to be decided in favor of the network after the record $787-million settlement it paid to Dominion Voting Systems in April 2024.

Dominion said its business was damaged by false claims Fox News presented regarding voting fraud in the 2020 election. Fox News chose to settle the case rather than have its executives and on-air talent take the witness stand in a trial.

A separate defamation suit filed by Nina Jankowicz, the former head of the federal Disinformation Governance Board, was dismissed in July. Another case brought by Tony Bobulinski, a former business partner of Hunter Biden, was thrown out on Tuesday.

“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.

Epps was at the Capitol on Jan. 6, 2021, and pleaded guilty in January to a misdemeanor charge for his role in the riot.

Epps testified under oath to the House committee investigating the attack that he had no involvement with the FBI, which has also stated publicly that he had no association with the bureau.

The lawsuit claimed Epps and his wife received threatening voice mails, emails and text messages because of Carlson‘s comments. Epps told the CBS news magazine “60 Minutes” that the lies ruined his Arizona-based business and led to death threats.

Carlson’s prime-time program was pulled from the Fox News lineup on April 24, 2023, the day after Epps appeared on “60 Minutes.”