A federal judge on Wednesday dismissed a defamation lawsuit filed by a January 6th defendant against Fox News and its former primetime anchor, Tucker Carlson, co-founder of the Daily Caller. U.S. District Court Judge Jennifer Hall, a Joe Biden appointee, ruled in Delaware that Carlson’s reporting on Epps was protected under the First Amendment, stating that Epps’ legal team failed to demonstrate that Carlson acted with “actual malice.” “For the reasons announced from the bench today, it is hereby ordered that Defendant’s Motion to Dismiss for Failure to State a Claim is granted,” Hall wrote.
Members of the corporate media predicted that Epps would prevail in his defamation lawsuit against Fox News and demonstrate that Tucker Carlson had acted with “actual malice” in his reporting on the January 6 defendant. This claim was made during a discussion on MSNBC led by former Republican National Committee chairman and MSNBC political analyst Michael Steele on July 16, 2023, following the announcement of Epps’ lawsuit.
Ray Epps “could be the next Dominion-type defamation lawsuit because this guy’s life was basically ruined by Tucker Carlson’s promotion of false stories about him” –Jeremy Peters pic.twitter.com/MCcOjfRXJZ
— Brian Stelter (@brianstelter) July 8, 2023
“I think what Dominion ushered in this question of actual malice and we saw the $800 million settlement has really ripped open if you will, the opportunity for others to go at Fox News,” former Florida Republican Rep. David Jolly said during the clip. Former Democratic Maryland Rep. Donna Edwards also said, “They better get out a really big checkbook because they’re gonna pay heavily.” Hall, however, sided with Fox News’ lawyers and dismissed the lawsuit before it could proceed to trial.
“It is especially clear that any conclusions were only opinions, because the statements were replete with ‘cautionary language’ that signal opinion and interpretation,” Fox News’ lawyers wrote in a memorandum in support of the network’s motion to dismiss Epps’ lawsuit. “In one segment, after showing a video of Plaintiff, Mr. Carlson squarely stated: ‘Once again, you can draw whatever conclusions you like from that video. We have ours and we shared them with you’. Fox opinion hosts were clearly providing their interpretations that listeners could accept or reject based on their own assessment of the fully disclosed facts.” They added: “First amendment protection for such commentary is essential for our democracy.”
Jonathan Turley, Fox News legal commentator wrote on his personal website following the judge’s ruling: “Epps and his wife have clearly been through a nightmare of threats and innuendo. However, this public controversy was discussed by various networks and the Jan. 6th Committee. It was also a matter of legitimate public debate and commentary, with people on both sides expressing their views on the evidence and underlying allegations.”
Epps filed a defamation lawsuit against Fox News in July 2023 after Carlson suggested he might have been a government agent. This speculation arose from video footage showing Epps on the night before January 6, 2021, encouraging Trump supporters to enter the Capitol the following day, which fueled rumors that he might have been an FBI plant.
BREAKING: January 6 footage shows that Ray Epps lied to the J6 Committee about when he left the Capitol on that day.
J6 Committee members likely knew this but defended him anyway. pic.twitter.com/tX4WUc28uX
— Greg Price (@greg_price11) March 7, 2023
“We’re far beyond that. In fact, tomorrow—I don’t even like to say it because I’ll be arrested—we need to go into the Capitol. We’re here to defend the Constitution,” Epps could be heard saying in the video. “I’m going to put this out there. I’m probably going to jail for it. Tomorrow, we need to go into the Capitol. Into the Capitol. Peacefully,” Epps added. Someone in the crowd responded by calling Epps a “fed,” the video showed. Chief Judge of the U.S. District Court for the District of Columbia James Boasberg sentenced Epps to just 12 months probation on Jan. 9, three years after Epps encouraged Trump supporters to storm the U.S. Capitol.
Disclaimer: This article may contain commentary which reflects the author’s opinion.