# Judge Rules Trump Can't Sue Pollster Over Bad Poll

- URL: https://twotakes.us/stories/judge-rules-trump-cant-sue-pollster-over-bad-poll
- Published: 2026-09-25T01:12:17.541956+00:00
- Topics: trump-lawsuits, first-amendment, media, polling, judiciary

## What the left says
- The ruling reinforces that political speech, including flawed or inaccurate polling, receives the highest level of First Amendment protection and cannot be repackaged as consumer fraud.
- The judge's 64-page opinion warns that allowing this lawsuit to proceed would chill journalism and public debate by making news organizations fear legal liability for honest reporting errors.
- USA Today Co.'s legal counsel frames the decision as a broader defense against attempts to use 'fake news' accusations to punish outlets for coverage those in power dislike.
- This case is seen as part of a pattern in which courts have consistently rejected Trump's efforts to use litigation to punish media companies over disputed coverage.

## What the right says
- The Des Moines Register poll was a dramatic outlier showing Harris ahead in Iowa just days before Trump won the state by 13 points, a 16-point miss that fueled national headlines favorable to Harris.
- Trump and his co-plaintiffs, including Rep. Mariannette Miller-Meeks and former Sen. Brad Zaun, argued the poll amounted to a deliberately misleading act designed to interfere with the election and mislead voters.
- Trump's legal team maintains the poll's fraud is real and plans to appeal to the Iowa Supreme Court, arguing such conduct 'cannot be allowed to stand.'
- The case reflects a broader concern that media organizations face little accountability even when their pre-election polling turns out to be dramatically wrong.

## Common ground
- The Des Moines Register poll, published three days before the 2024 election, showed Harris leading Trump by three points among likely Iowa voters, while Trump ultimately won the state by 13 points.
- Iowa District Court Judge Scott Beattie dismissed the entire lawsuit against J. Ann Selzer, her polling company, the Des Moines Register, and Gannett/USA Today Co.
- The ruling centered on First Amendment protections for political speech rather than a determination of whether the poll itself was accurate or produced in good faith.
- Trump's legal team has indicated it will appeal the decision to the Iowa Supreme Court.

## Sources
- [AllSides](https://www.allsides.com/news/2026-09-24-0700/donald-trump-judge-tosses-trumps-lawsuit-against-des-moines-register) (Center)
- [Axios](https://www.axios.com/2026/09/23/trump-des-moines-register-lawsuit-dismissed) (Lean Left)
- [RedState](https://redstate.com/rusty-weiss/2026/09/24/judge-tosses-trump-lawsuit-over-wildly-misleading-2024-poll-erroneous-statements-are-inevitable-n2207323) (Unknown)
- [The Hill](https://thehill.com/regulation/court-battles/6107914-trump-selzer-polling-lawsuit-dismissed/) (Center)
- [Washington Times](https://www.washingtontimes.com/news/2026/sep/24/trumps-lawsuit-iowa-pollster-newspaper-tossed-judge/) (Right)
- [Washington Post](https://www.washingtonpost.com/politics/2026/09/24/court-dismisses-trump-lawsuit-against-iowa-pollster-des-moines-register/) (Lean Left)

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