A federal judge in Delaware has dismissed a defamation lawsuit against Fox News brought by Raymond Epps, a former supporter of Donald Trump who claimed the network falsely portrayed him as a government agent inciting violence during the 6 January 2021 US Capitol attack.
US District Judge Jennifer L Hall ruled on Friday that Epps failed to provide sufficient evidence that Fox News knowingly aired false information, a legal standard known as 'actual malice' required for public figures to win defamation cases. The judge had previously dismissed the suit in 2024 but allowed Epps to amend his complaint.
Epps, a former Marine and Oath Keepers member, alleged that Fox News and former host Tucker Carlson spread conspiracy theories that he was a government operative who helped instigate the Capitol riot. He said the resulting death threats forced him and his wife to sell their Arizona ranch and live in a recreational vehicle.
In her ruling, Judge Hall wrote that 'taken together, the allegations do not give rise to a plausible inference that Carlson or anyone else responsible for his show subjectively knew that their statements were false or that they possessed a reckless disregard for the truth'.
Fox News responded with a statement saying it was 'pleased with the federal court’s ruling, further preserving the press freedoms' afforded by the First Amendment. Epps pleaded guilty to a misdemeanor related to the Capitol attack and received a pardon from Trump in 2025.
