A federal judge on Wednesday dismissed a defamation lawsuit brought against Fox News by a Jan. 6 protester.

Ray Epps, who was sentenced to one year probation, $500 restitution, and 100 hours of community service for his role in the Jan. 6, 2021 attack at the Capitol, had sued the network claiming former host Tucker Carlson falsely accused him of being a government agent who incited the violence.

U.S. District Court Judge Jennifer L. Hall dismissed the case, claiming Epps and his lawyers had failed to prove that Carlson had acted with “actual malice,” The New York Times reported.

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