Full Breakdown
Federal Judge Dismisses Raymond Epps Defamation Suit Against Fox News
5/10/2026, 1:08:21 AM
Core Event: Dismissal of Defamation Claim
On May 9 2026, U.S. District Judge Jennifer L. Hall dismissed the defamation lawsuit filed by former Marine Raymond “Ray” Epps against Fox News, concluding that he failed to meet the “actual malice” standard required for public-figure defamation claims.
Background
Epps, an Oath Keeper and Marine (1979-1983), pleaded guilty in 2023 to a misdemeanor for Jan. 6 Capitol riot and was pardoned in January 2025 with about 1,500 others. Fox News aired over two dozen *Tucker Carlson Tonight* segments portraying him as a government informant who helped incite breach. Claiming death threats forced him and his wife to sell their Arizona ranch and live in an RV, Epps sued Fox in Delaware court. Judge Jennifer L. Hall dismissed the case in November 2024, allowed an amendment in 2025, and again dismissed it on May 9 2026.
Legal Standard & Data
The court applied the malice standard, requiring proof Fox knowingly broadcast false statements or acted with reckless disregard for truth. The opinion notes Fox aired 2022-2023 *Tucker Carlson Tonight* broadcasts and that Epps appeared in more than two dozen segments. The decision spans 27 pages.
Official Statements & Responses
Fox News said it was pleased with the ruling, saying it further preserves press freedoms under the First Amendment. Judge Hall wrote that the allegations do not provide a plausible inference that Carlson or anyone else responsible for the show knowingly made false statements or acted with reckless disregard for the truth. Federal prosecutors reiterated that Epps has never been employed by government beyond his Marine service.
Criticism & Opposition
Epps’s lawyers contend that Fox sought a scapegoat to blame for the Jan. 6 events, shifting focus away from Donald Trump or the Republican Party, and that the network ultimately turned its criticism onto one of its own supporters, thereby attempting to deflect responsibility for the Capitol breach.
Impact
The ruling highlights burden of proving actual malice in defamation suits involving public figures and underscores the tension between press freedom and reputational claims tied to Jan. 6 coverage.
Verbatim Quotes
- “Fox News searched for a scapegoat to blame other than Donald Trump or the Republican party” — Epps’s lawyers
- “Eventually, they turned on one of their own.” — Epps’s lawyers
- “The allegations do not give rise to a plausible inference that Carlson or anyone else responsible for TCT subjectively knew that their statements were false or that they possessed a reckless disregard for the truth,” — Judge Jennifer L. Hall
- “pleased with the federal court’s ruling, further preserving the press freedoms of the First Amendment.” — Fox News spokesperson
What’s Next
No appeal has been announced; the case remains closed pending any further legal action.
