Tucker Carlson Wins Legal Battle With Notable ‘Jan. 6’ Figure
A federal judge has dismissed a defamation lawsuit filed against Fox News and its former host Tucker Carlson by January 6 participant James Ray Epps Sr., ruling that Epps failed to meet the high legal standard of proving “actual malice.”
Judge Jennifer L. Hall of the Delaware Federal District Court, appointed by President Biden, ruled last week that Epps did not provide sufficient evidence showing that Carlson or Fox News knowingly spread falsehoods or recklessly disregarded the truth.
Epps, a former Marine and self-described Trump supporter, filed the lawsuit in response to Carlson’s repeated claims that Epps was a federal agent who incited the January 6 Capitol breach. In his complaint, Epps argued that these accusations destroyed his reputation, subjected him to relentless threats and harassment, and caused significant financial losses.
According to Epps, the fallout from the allegations forced him and his wife to sell their Arizona home and business and relocate to an RV to escape ongoing threats, including death threats and gunfire near their property. Despite cooperating with authorities and testifying that he had no ties to law enforcement, Epps claimed Carlson’s reporting irreparably harmed his life.
Defamation cases involving public figures, such as Epps, are notoriously difficult to win under the legal precedent established in New York Times Co. v. Sullivan. Plaintiffs must demonstrate that false statements were made with actual malice—meaning the speaker either knew they were false or acted with reckless disregard for the truth.
“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,” the network said in a statement.
Carlson, who left Fox News in April 2023, remains a polarizing figure in media. His departure was rumored to be connected to Dominion Voting Systems' lawsuit against Fox News. Carlson’s biographer claimed that his planned monologue on the night of his dismissal was set to focus on Epps.
Epps faced legal consequences for his actions on January 6, pleading guilty to a misdemeanor charge of disorderly conduct. In January 2024, he was sentenced to one year of probation and 100 hours of community service.
Carlson repeatedly alleged that Epps was an FBI informant who orchestrated the Capitol breach to undermine Trump supporters, citing footage of Epps urging protesters to enter the Capitol. The delayed charges against Epps further fueled speculation.
Epps testified before the House Select Committee investigating the January 6 events, denying any connections to the FBI or law enforcement. The Democrat-led committee later confirmed that Epps was neither an informant nor an agent.
In a widely circulated video, Epps was seen the night before the January 6 rally telling a crowd, “Tomorrow, we need to go into the Capitol. Into the Capitol. Peacefully.” Despite his insistence on peaceful action, his words and presence at the Capitol made him a focal point for conspiracy theories.
While the lawsuit’s dismissal marks a legal victory for Fox News, the case highlights the ongoing fallout from the Capitol breach and the challenges of navigating defamation law in a polarized media environment.