Iowa judge dismisses Trump’s lawsuit against Des Moines Register and pollster

Trump and his team have filed several lawsuits against media organizations accusing them of bias, calling into question the boundaries of free speech protections, particularly for press. Some of those lawsuits have ended in settlements.

Trump filed the lawsuit against Selzer, The Des Moines Register and the newspaper’s parent company in December 2024, accusing them of fraudulently publishing inaccurate poll results to damage him and help Democrats, saying coverage of polls is not protected speech.

The judge made clear that the poll and coverage of it was constitutionally protected political speech and not a commercial product. He wrote that “allowing a legally faulty claim like this to proceed carries a cost that an ordinary case does not.”

Beattie said the case would have to be dismissed even if, solely for the purpose of deciding the motions, he accepted the Trump team’s allegations that the poll was intentionally skewed and its results fabricated. “Even with this assumption, each of the three counts still fails,” the judge wrote, because the lawsuit did not meet the legal requirements for fraud or consumer deception.

The White House did not immediately respond to a request for comment.

U.S. Rep. Mariannette Miller-Meeks and former Iowa state Sen. Brad Zaun, both Republicans, joined the lawsuit. Selzer and her co-defendants wanted the case moved to federal court but, after a year of legal proceedings, the first hearing took place this year in state court.

The poll, conducted by Selzer’s company in the final days of October and released just days before Election Day 2024, showed then-Vice President Kamala Harris, the Democrats’ presidential nominee, capturing 47% of Iowa likely voters, to Trump’s 44%.

Trump ultimately won the support of 56% of the nearly 2 million Iowans who voted.

Trump, Miller-Meeks and Zaun alleged the misleading coverage diminished their reputations, valuable time in the final days of the campaign, and campaign funds and resources.

Selzer’s case was taken up by the free speech advocacy group Foundation for Individual Rights and Expression. In separate filings, the Iowa pollster and The Register, with its parent company, Gannett Co., argued that courts have never considered polls or newspapers covering them to be commercial speech even though they may be sold for a profit.

They said the poll coverage, whether right or wrong in capturing the state of the race, was constitutionally protected political speech.

They also disputed the consumer fraud claim, emphasizing the poll and coverage of it were not connected to transactions between the companies and Trump, Miller-Meeks or Zaun.

Hannah Fingerhut, The Associated Press

by The Canadian Press

Iowa judge dismisses Trump’s lawsuit against Des Moines Register and pollster

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