Fox News, which recently reached settlements in two high-profile legal cases totaling around $800 million, is now facing a defamation and false light lawsuit from a man named Ray Epps. Epps claims that the network portrayed him as a “scapegoat” for the January 6 insurrection at the U.S. Capitol. Despite attending pro-Trump rallies in Washington in January 2021, Epps was not found to have breached the Capitol building and was never charged for any wrongdoing. However, Fox News host Tucker Carlson highlighted a video clip of Epps outside the Capitol, insinuating that he might have been a government informant. Epps and the FBI have vehemently denied these allegations.
The lawsuit, filed in Delaware, alleges that Fox News and Carlson were fully aware that Epps was not a federal agent but chose to ignore this information. This claim suggests that the network acted with “actual malice,” a requirement to prove defamation against a public entity. According to the lawsuit, Fox News intentionally spread falsehoods about Epps, resulting in the destruction of his and his wife’s lives.
Epps’s lawyer, Michael Teter, sent a letter to Carlson and Fox News demanding a retraction of their claims and notifying them of potential legal action. However, no response was received within the given deadline. Teter stated that this lawsuit holds Fox News accountable for its actions.
Epps gained attention due to videos showing him arguing with a far-right livestreamer on January 5, the night before the riot. In these videos, Epps encouraged Trump supporters to enter the Capitol on January 6. He claims that he believed certain areas of the Capitol would be open to the public and that he intended for supporters to enter lawfully. Epps protested outside the Capitol but was never initially charged. His photo briefly appeared on an FBI website seeking information about protesters but was later removed in July 2021 after he was interviewed by agents.
The video of Epps, combined with the fact that he wasn’t prosecuted and his photo was removed from the FBI site, became fodder for right-wing conspiracy theorists. They claimed he was a planted federal agent who instigated violence among otherwise peaceful protesters. These theories permeated conservative media channels, with Carlson regularly questioning whether Epps was an informant or undercover figure on his broadcasts. Epps’s lawsuit references specific segments of Carlson’s show where these allegations were made.
The lawsuit states that as a result of Carlson’s segments, Epps and his wife faced harassment, threats, and fear of true harm. Their Arizona ranch and wedding-venue business were eventually sold at a discounted price because of the forced relocation. They now live in a 350-square-foot RV.
This lawsuit adds to Fox News’s legal troubles, following settlements in defamation and workplace discrimination cases. The network also faces an ongoing defamation lawsuit from voting technology company Smartmatic. Legal experts suggest that Epps must demonstrate how he was harmed and prove that he was defamed within the framework of existing law. Although Carlson never directly claimed Epps was a federal agent, the overall implication may still be deemed defamatory.
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