President Trump's Lawsuit Against Iowa Pollster Ann Selzer Thrown Out
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From today's long decision by Iowa state trial court judge Scott Beattie in Trump v. Selzer [UPDATE: link fixed]: J. Ann Selzer … conducted political polls in Iowa for nearly four decades. Three days before the 2024 general election, the Des Moines Register … published a Selzer poll showing Kamala Harris leading Donald Trump in Iowa and Christina Bohannan leading Mariannette Miller-Meeks in Iowa's First Congressional District. The poll proved wrong. This case arises from that error. Donald J. Trump, Mariannette Miller-Meeks, and Bradley Zaun … sue in their private capacities. The Petition pleads a violation of the Iowa Consumer Fraud Act, fraudulent misrepresentation, and negligent misrepresentation, and asks the Court to enjoin the publication of any further deceptive polls. Both Defendants have moved to dismiss…. At its core, the Plaintiffs' Petition seeks 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. After considering the parties' arguments, the Court must conclude that the protection is too great and the reach is too far…. [F]alsity alone does not create a category of unprotected speech.