Judge Tosses Lawsuit From Jan. 6 Figure Against Tucker Carlson, Fox
Former Fox News host Tucker Carlson achieved a significant legal win in a lawsuit targeting him and his former network.
U.S. District Judge Jennifer Hall, appointed by President Biden and based in Delaware, dismissed the defamation lawsuit filed by Ray Epps, a figure associated with January 6 conspiracy theories, against Carlson and Fox News, according to The Daily Caller.
“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,” Judge Hall stated in her ruling.
Fox News' legal team emphasized in their defense that the statements at issue were clearly framed as opinions. “It is especially clear that any conclusions were only opinions because the statements were replete with ‘cautionary language’ that signal opinion and interpretation,” they wrote in a supporting memorandum. They highlighted that Carlson explicitly told viewers, after showing a video of Epps, “Once again, you can draw whatever conclusions you like from that video. We have ours and we shared them with you.” The network's attorneys further argued, “Fox opinion hosts were clearly providing their interpretations that listeners could accept or reject based on their own assessment of the fully disclosed facts.”
“First Amendment protection for such commentary is essential for our democracy,” the memorandum concluded.
This outcome came as a surprise to some in the media who had speculated that Epps might prevail in his legal challenge.
“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,” said former Republican Rep. David Jolly during a news segment.
Former Democratic Rep. Donna Edwards added, “They better get out a really big checkbook because they’re gonna pay heavily.”
“Epps and his wife have clearly been through a nightmare of threats and innuendo,” Fox News legal commentator Jonathan Turley said on his website after the judge’s decision. “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.”
“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,” the legal analyst said.
“The breathing space cuts both ways. In reporting on the dismissal of the Epps lawsuit, it is notable that the Associated Press is still referring to Jan. 6 as an ‘insurrection’ rather than a riot. Curiously, when you hit the link on ‘insurrection,’ it goes to an article on the dropping of the Smith case, which notably did not charge Trump or anyone else with insurrection or even incitement. Yet, the AP is still reporting ‘the insurrection’ as a fact,” he said.
A video from the January 6 protests showed Epps speaking to a crowd and encouraging them to go into the Capitol.
“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,” he said 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,” he said.
Fox News celebrated the victory when it spoke to The Daily Caller.
“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,” it said.