A Black Lives Matter activist who sued Fox News host Jeanine Pirro lost his defamation lawsuit when a Manhattan Supreme Court judge dismissed his case.

DeRay McKesson, 33, who filed the defamation lawsuit against Pirro last year, argued the host accused him of inciting violence against a Louisiana law enforcement official, Baton Rouge Parish Sheriff's Deputy Nicholas Tullier.

Manhattan Supreme Court Justice Robert Kalish sided with the Fox News host, saying that Pirro is protected under the First Amendment to use her platform and express her opinions on any issue. He conceded in his decision that while Pirro, a former District Attorney in New York State, is "loud, caustic, and hard-hitting," nothing she said is outside the bounds stipulated by the law.

“Pirro’s lack of temperament and caustic commentary is what she is known, celebrated and frequently criticized for,” Kalish wrote about the Fox News host in his decision.

"However divisive one might find the subject two-minute sequence, the law of this state protects the expressions of opinion it represents," Kalish added.

Pirro has been engulfed in controversy over the last couple of weeks after her remarks suggesting that firebrand freshman Rep. Ilhan Omar's Islamic faith is impeding her loyalty to the U.S. Fox News suspended her appearances on her weekend show for two weekends straight. The channel has not publicly confirmed if or when Pirro will return to the set.

[ Read more: Trump calls on Fox News to 'bring back' Jeanine Pirro after her show goes off the air]