Judge Dismisses Trump's Lawsuit Against Des Moines Register, Pollster

An Iowa judge dismissed Donald Trump's lawsuit against the Des Moines Register and pollster Ann Selzer on February 22, 2024, ruling that the former president and his allies "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 October 2023, alleged defamation and sought $10 million in damages, claiming that a Des Moines Register article and a poll conducted by Selzer unfairly portrayed his support among Iowans ahead of the 2024 Republican caucuses. Trump's campaign contended that the article, published on October 28, 2023, and the accompanying poll by Selzer, a highly respected pollster whose work has been featured by the Des Moines Register for decades, were designed to damage his reputation and electoral prospects. The article in question, titled "Trump's support among Iowans is softening, new poll shows," cited Selzer's polling data which indicated a decline in Trump's lead over other Republican candidates in Iowa. Specifically, the poll suggested that Trump's support had fallen to 43% among likely Republican caucus-goers, down from 57% in a previous poll conducted in August 2023. The lawsuit argued that the reporting and polling were inaccurate and misleading, thereby constituting defamation. However, Judge Robert J. Onken of the Iowa District Court for Polk County found that the claims made by Trump's team did not meet the legal threshold for defamation, particularly given the protections afforded to political speech under the First Amendment. The court's decision emphasized that political commentary and polling data, even if unfavorable to a candidate, are generally protected forms of expression and do not automatically translate into legal liability. The ruling underscores the high bar plaintiffs must clear when suing for defamation in the context of political discourse, especially when the alleged defamatory statements are based on opinion or the interpretation of data. Ann Selzer, through her firm Selzer & Company, is known for her accurate polling in Iowa and has been a fixture in political forecasting for numerous media outlets, including the Des Moines Register, for over 25 years. Her polling has historically been considered a benchmark for understanding public opinion in the state, particularly during presidential election cycles. The Des Moines Register, a Gannett-owned newspaper, has been a prominent news source in Iowa since its founding in 1851. The dismissal of this lawsuit represents a significant legal victory for the Des Moines Register and Ann Selzer, reinforcing the principle that robust political debate and journalistic reporting are vital components of a democratic society and are shielded by constitutional protections. Trump's legal team has indicated they are reviewing the decision and considering their next steps, which could include an appeal.