Iowa Judge Dismisses Trump Lawsuit Against Des Moines Register
Judge rules that claims of misrepresented poll results are protected by the First Amendment.
A judge has dismissed Donald Trump's lawsuit that accused The Des Moines Register and its former pollster of misrepresenting the state of the 2024 presidential race, ruling that the newspaper's poll coverage is protected under the First Amendment.
Iowa District Judge Scott J. Beattie sided with pollster J. Ann Selzer and The Register on Wednesday, rejecting Trump's claim that the newspaper's poll coverage violated Iowa's consumer fraud law. Beattie stated that Trump's suit sought to "stretch both Iowa statutory and common law beyond their current bounds, turning speech that enjoys the highest category of First Amendment protection into a liability."
The lawsuit, filed in December 2024, alleged that the defendants fraudulently published inaccurate poll results to damage Trump and aid Democrats. Trump, along with U.S. Rep. Mariannette Miller-Meeks and former Iowa state Sen. Brad Zaun, argued that the coverage diminished their reputations, campaign resources, and valuable time in the final days of the campaign.
A poll conducted by Selzer’s company in late October 2024 showed then-Vice President Kamala Harris, the Democratic presidential nominee, leading likely Iowa voters with 47% compared to Trump's 44%. Trump ultimately secured 56% of the vote in the state's general election.
Selzer and The Register, along with its parent company Gannett Co., argued in their defense that polls and their coverage are not commercial speech, even if sold for profit, and are therefore constitutionally protected political speech. They also disputed the consumer fraud claim, emphasizing that the poll and its coverage were not linked to any transactions with Trump, Miller-Meeks, or Zaun. The free speech advocacy group Foundation for Individual Rights and Expression supported Selzer in the case.
Trump and his team have initiated several lawsuits against media organizations, questioning the boundaries of First Amendment protections for speech and the press. Some of these cases have concluded with settlements.