A legal battle between former Trump supporter Ray Epps and Fox News over conspiracy theories aired by Tucker Carlson reaches its conclusion in Delaware federal court.
According to The Daily Beast, Fox News secured another victory in defamation litigation when a federal judge dismissed Epps' claim that former host Tucker Carlson acted with "actual malice" in portraying him as a government provocateur during the January 6 insurrection.
The ruling comes as part of a series of recent legal wins for the network. Judge Jennifer Hall acknowledged Carlson's questionable journalistic practices but determined they did not meet the threshold for malicious intent. The case, filed in July 2023, challenged Carlson's repeated assertions about Epps' alleged role in the Capitol riot.
Fox News has established a pattern of successfully defending against defamation claims, particularly regarding Tucker Carlson's broadcasts. The network's legal team previously won a slander case by arguing that viewers should not take Carlson's statements literally, a precedent that strengthened their position in subsequent cases.
The dismissal of Epps' case highlights the challenging nature of defamation lawsuits in American courts. The legal standard requiring proof of actual malice presents a significant hurdle for plaintiffs, even in cases where questionable journalism practices are evident.
A Fox News spokesperson celebrated the victory, stating:
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 dismissal of Epps' lawsuit represents the third recent legal victory for Fox News. The network successfully defended against claims from Nina Jankowicz, former head of the Biden administration's Disinformation Governance Board, who alleged that Fox's coverage led to harassment and violent threats.
Additionally, a New York judge dismissed a defamation lawsuit filed against host Jessica Tarlov by a House Republicans' witness in the Biden impeachment effort. These consecutive wins demonstrate the network's effective legal strategy in defending against defamation claims.
The legal landscape for Fox News isn't entirely clear, however. The network still faces a substantial $2.7 billion defamation lawsuit from voting technology company Smartmatic following their $787.5 million settlement with Dominion Voting Systems in April.
The resolution of Epps' case provides another example of the high bar set for defamation claims against media organizations. His subsequent guilty plea to a misdemeanor charge of disorderly conduct on restricted grounds, resulting in probation, effectively countered Carlson's conspiracy theories but did not support his legal claim.
Fox News continues to navigate multiple legal challenges while maintaining its editorial stance. The network's success in defending against defamation claims, despite controversial coverage, underscores the robust protections afforded to media organizations under current legal frameworks.
The dismissal of Ray Epps' defamation lawsuit against Fox News and Tucker Carlson represents a significant victory for the network in its ongoing series of legal battles. The Delaware federal court's decision, based on the failure to prove actual malice, reinforces the high standards required for defamation cases against media organizations.
The case joins several other recent victories for Fox News, including dismissals of suits by Nina Jankowicz and a House Republicans' witness, while the network still faces a major challenge from Smartmatic's $2.7 billion lawsuit. This complex legal landscape continues to shape the boundaries of media liability and First Amendment protections in modern journalism.