Iowa judge dismisses Trump's lawsuit against pollster Ann Selzer and the Des Moines Register

 September 24, 2026

An Iowa judge threw out President Trump's lawsuit against pollster J. Ann Selzer and The Des Moines Register over a pre-election survey that badly missed the mark, ruling the poll was protected political speech, not fraud.

Iowa District Judge Scott J. Beattie dismissed the case with prejudice on Wednesday, meaning Trump cannot refile it. The ruling ended a legal fight that began in December 2024, when Trump first sued over a Des Moines Register poll that showed Kamala Harris leading him by three points in Iowa just days before the general election. Trump won the state by a wide margin.

Beattie concluded that Trump's legal team tried to turn bad polling into a consumer fraud case, and that the First Amendment would not allow it. The Hill reported that the judge wrote in his ruling:

"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."

The judge added that "the protection is too great and the reach is too far" before ordering the case dismissed.

A poll that missed by 17 points

The Selzer poll, published days before the November 2024 election, showed Harris ahead of Trump 47 percent to 44 percent in Iowa. Trump went on to carry the state with 56 percent of the vote, a 14-point win, according to Breitbart. The gap between the poll's prediction and the actual result was roughly 17 points.

Trump's attorneys argued the poll data was "deceptive" and violated Iowa laws surrounding fraudulent and negligent misrepresentation. They framed the case as a consumer fraud claim under state law, contending that the wildly inaccurate numbers harmed voters and the political process.

Beattie rejected that theory outright. Polling, he ruled, falls within the highest tier of constitutionally protected speech. A wrong prediction does not become fraud just because the prediction was wrong.

Selzer, for her part, welcomed the decision. In a statement Wednesday, she drew a line between science and prophecy.

"Polling is a social science, not clairvoyance, and no responsible pollster can guarantee an election outcome. What we can guarantee is that we will follow the data wherever it leads, even when the results are uncomfortable or unexpected. I am grateful that Judge Beattie's ruling recognizes these principles and reaffirms the fundamental freedom to pursue and publish the truth without political interference."

Two years of procedural twists preceded the dismissal

The lawsuit had a winding path through the courts. Trump originally filed in Iowa state court in December 2024. By February 2025, the case had moved to federal court. Trump then dropped the federal case and refiled a nearly identical complaint in Polk County, Iowa, the following summer.

That refiled complaint is the one Beattie dismissed with prejudice on Wednesday. Trump's attorneys did not immediately respond to a request for comment from The Hill.

The case fits within a broader pattern of Trump filing lawsuits against media organizations. The Washington Examiner reported that the president alleged the poll was "deceptive" and violated Iowa's consumer fraud law, a claim the judge flatly rejected. Some of Trump's other media-related lawsuits have ended in settlements, but this one produced a definitive loss on the merits.

Trump has pursued legal action on several fronts during his time in office. He announced a lawsuit against the Center for American Progress over a National Guard crime report, part of a wider effort to hold left-leaning organizations accountable through the courts.

First Amendment protections proved insurmountable

The core problem for Trump's legal team was straightforward: polling is speech, and political speech sits at the top of the First Amendment's protective hierarchy. Beattie's ruling made clear that even a poll that turns out to be dramatically wrong does not cross the line into actionable fraud under Iowa law.

That distinction matters. Consumer fraud statutes exist to protect buyers from sellers who lie about products. Trump's lawyers tried to apply that framework to a political survey, arguing, in effect, that voters were consumers and the poll was a defective product. The court found no basis for that leap.

The ruling does not mean Selzer's poll was accurate. It was not. A three-point Harris lead in a state Trump won by 14 points represents a significant miss by any standard. But the legal question was never whether the poll was right. It was whether getting it wrong constituted fraud. Beattie said no.

The president has also clashed with media outlets through other channels. His administration barred reporters from CNN, MSNBC, and Politico from the White House, and the White House launched its own streaming broadcast as tensions with the press corps escalated.

Meanwhile, Trump has continued to press other legal battles, including taking an IRS lawsuit fight to the appeals court in a separate dispute.

What the ruling leaves unanswered

Several questions remain open. The full case name and docket number were not detailed in available reporting. The specific Iowa statutes Trump's team cited were described only in general terms, "consumer fraud laws" and claims of "fraudulent and negligent misrepresentation", without statute numbers. The identities of Trump's attorneys of record and any co-plaintiffs beyond Trump himself were not specified.

It is also unclear why Trump dropped the federal case before refiling in state court. That procedural decision added months to the timeline without changing the outcome.

The Des Moines Register did not issue a public statement in response to the ruling, at least not one captured in the available reporting.

Selzer's poll became one of the most talked-about surveys of the 2024 cycle precisely because it was so far off. Conservatives pointed to it as evidence of media bias or polling malpractice. Whether the miss reflected flawed methodology, a deliberate thumb on the scale, or simply the inherent limits of survey research remains a matter of debate, one the court declined to resolve.

Dismissal with prejudice closes the courthouse door on this particular fight. If Trump wants to hold media organizations accountable for what he views as misleading coverage, he will need a different legal theory, or a different set of facts.


About Tim Harrison

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