Ray Epps' attorney demands retraction and on-air apology from Fox News and Tucker Carlson over ‘lies’

[Hans Blaster]

I’m not talking about Epps. There’s enough footage of him to easily charge him with enciting a riot

No actually there isn't. What he said on Jan 5th falls under free speech.

As for the other people, there are hundreds seen committing acts of violence inside and outside the Capitol that haven't been charged. About 2000 total (including the violent ones) have been seen entering without being charged.

 

[BPPLEE]

No actually there isn't. What he said on Jan 5th falls under free speech.

As for the other people, there are hundreds seen committing acts of violence inside and outside the Capitol that haven't been charged. About 2000 total (including the violent ones) have been seen entering without being charged.

It’s not freedom of speech to encourage someone else to commit acts of violence.

 

[Hans Blaster]

It’s not freedom of speech to encourage someone else to commit acts of violence.

Only if you have influence and the action takes place in temporal proximity. No one took the raving old man (Epps) seriously that night. You could not tie his statements to acts of violence the next day.

 

[essentialsaltes]

"Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution.

SCOTUS: "the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action"

 

[BPPLEE]

Only if you have influence and the action takes place in temporal proximity. No one took the raving old man (Epps) seriously that night. You could not tie his statements to acts of violence the next day.

Then he’s not telling the truth

Ray Epps says he'll be charged for Jan. 6, further dampening Fox News conspiracy theory

Ray Epps says the DOJ told him it's seeking to criminally charge him for his actions on Jan. 6, 2021, during the Capitol attack. How does that affect his Fox News defamation lawsuit?

www.msnbc.com

 

[essentialsaltes]

Then he’s not telling the truth

He's not claiming he will be charged with incitement. [As far as I know he's not claiming any particular charge will be brought against him.]

(Actually, just looking at the snippet of your link it says "for his actions on Jan. 6".)

(and not his speech on Jan. 5)

 

[BPPLEE]

He's not claiming he will be charged with incitement. [As far as I know he's not claiming any particular charge will be brought against him.]

(Actually, just looking at the snippet of your link it says "for his actions on Jan. 6".)

(and not his speech on Jan. 5)

What did he do on January 6th since you’re being specific?

 

[essentialsaltes]

What did he do on January 6th since you’re being specific?

Me, I got that from the link you provided. But the question has already been answered.

Read post #29. Epps was involved in more that just trespass outside.

 

[Hans Blaster]

Then he’s not telling the truth

Ray Epps says he'll be charged for Jan. 6, further dampening Fox News conspiracy theory

Ray Epps says the DOJ told him it's seeking to criminally charge him for his actions on Jan. 6, 2021, during the Capitol attack. How does that affect his Fox News defamation lawsuit?

www.msnbc.com

Neither that article, nor his lawsuit

https://storage.courtlistener.com/recap/gov.uscourts.ded.83032/gov.uscourts.ded.83032.1.1_1.pdf

indicate the nature of the charges Epps claims DOJ intends to file against him.

As I have noted in several posts (in this thread and elsewhere) Epps was seen on video participating in a group carry and push of a large rolling "Trump" sign into a line of cops trying to hold back the crowd with a row of "bike rack" barriers at the bottom of the Capitol steps. Epps is near the back of the group and may not have seen the full effects of the sign contacting the police line.

The best evidence of this available publicly is in several Twitter threads. Unfortunately that site is a disaster zone for non-members (like me), but it was consolidated in a forum post at a conservative web site:

Ray Epps seen in new 1/6 video lifting up a large Trump sign and pushing it into a line of police officers

(the freestatewill mentioned in the posts is Will Pope, a Jan 6th defendant that has been doing his own open source research [and I think he is also a pro se defendant] who does at least a decent work and is honest about what he sees. [IIRC, Pope thinks the FBI/DOJ is protecting Epps as one of their assets]

William Pope charged on February 12, 2021

 

[Pommer]

It’s not freedom of speech to encourage someone else to commit acts of violence.

If the rioters blamed his January 5th speech, that’s still “protected” speech; “incitement” requires an immediate response. Doing “cheerleading” the day before is too remote, time-wise.

 

[BPPLEE]

If the rioters blamed his January 5th speech, that’s still “protected” speech; “incitement” requires an immediate response. Doing “cheerleading” the day before is too remote, time-wise.

You’re making the same mistake I did. Read the thread before posting this has already been covered

 

[Pommer]

You’re making the same mistake I did. Read the thread before posting this has already been covered

Yes, that”s probably where I came up with my instant-expertise post.

 

[BPPLEE]

Yes, that”s probably where I came up with my instant-expertise post.

Plagiarizing are we?

 

[Pommer]

Plagiarizing are we?

“Research”

 

[essentialsaltes]

Fox News sued for defamation by man linked to Jan. 6 conspiracy theories​

Ray Epps says Tucker Carlson falsely presented him as a ‘scapegoat’ for the Capitol insurrection.​

Fox News argued in court Wednesday that its hosts and guests were merely raising questions and “presented a puzzle to unravel” when they repeatedly suggested, falsely, that January 6 rioter Ray Epps was a government agent who orchestrated the attack.

[Fox'] arguments lean into the notion that Fox’s hosts genuinely “asked questions” and “looked for answers” about Epps’ role in the January 6 insurrection. [rather than knowingly spreading defamatory falsehoods they didn't themselves believe, as in the case of Dominion.]

 

[essentialsaltes]

Fox News argued in court Wednesday that its hosts and guests were merely raising questions and “presented a puzzle to unravel”

Fox News also argued that Epps is, for the purpose of this case, a limited-purpose public figure, meaning that he chose to make himself part of this public controversy by appearing at the Capitol that day — and later, giving news interviews.

That standard would require Epps to convince a jury that the network acted with actual malice, the higher standard that non-private figures must demonstrate in order to prove a defamation claim.