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October 15, 2021
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A federal judge dismissed a defamation lawsuit on Wednesday filed by Ray Epps, an Arizona man who was targeted by conspiracy theorists, against Fox News.
Epps accused the network and former primetime host Tucker Carlson of promoting false narratives about his involvement in the January 6 attack on the U.S. Capitol.
Following the Capitol insurrection, conspiracy theories emerged claiming the attack was a "false flag" operation orchestrated by the federal government to discredit Trump supporters.
As part of these unfounded claims, right-wing figures, including Carlson, suggested Epps, a former Trump supporter, was a federal agent who incited the attack.
Epps, who entered the Capitol during the events of January 6, later pleaded guilty to a disorderly conduct in a restricted area and was sentenced to one year of probation.
He filed the lawsuit in July 2023, alleging that Fox News scapegoated him, spreading false information that caused him significant harm.
However, U.S. District Court Judge Jennifer L. Hall in Delaware ruled that Epps failed to provide sufficient evidence that Fox News and Carlson acted with malice when suggesting Epps might have collaborated with the government. The judge’s ruling led to the case’s dismissal.
Fox News expressed satisfaction with the decision, noting it followed other recent dismissals of defamation lawsuits by former Biden family associate Tony Bobulinski and disinformation researcher Nina Jankowicz.
In a statement, the network said it was "pleased with these back-to-back decisions from federal courts preserving the press freedoms of the First Amendment."
Fox had long sought the dismissal of Epps' case, maintaining that its hosts and guests merely posed questions rather than making definitive claims about Epps’ role in the events of January 6.
Source: CNN