President Donald Trump has attacked press freedom in many ways, using private litigation as well as the powers of his office. While some corporations settled meritless lawsuits to curry favor with the administration, the Des Moines Register, its parent company, and its former pollster fought back.
They were vindicated this week, when a Polk County District Court dismissed Trump’s lawsuit against Ann Selzer, her polling company, the Des Moines Register, and the Gannett Corporation. Trump, U.S. Representative Mariannette Miller-Meeks, and former State Senator Brad Zaun claimed the final Iowa Poll before the 2024 election constituted consumer fraud. That poll indicated that Democratic candidate Kamala Harris led the presidential race in Iowa by 3 points. Days later, Trump carried the state by a 13-point margin.
Robert Corn-Revere, who argued on Selzer’s behalf as chief counsel for the Foundation for Individual Rights and Expression, said during a January court hearing that in 40 years of practicing First Amendment law, he’s never seen a more frivolous lawsuit than this one.
Over more than 60 pages, District Court Judge Scott Beattie comprehensively rejected the plaintiffs’ arguments and dismissed the case with prejudice, meaning it cannot be refiled. The judge wrote that the lawsuit “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.”
It’s worth walking through the key points, since a spokesperson for Trump told some media the president “will take his powerful case to the Iowa Supreme Court […].” I doubt he’ll have better luck there.
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