Iowa pollster facing Trump lawsuit files motion to dismiss

Veteran Iowa pollster J. Ann Selzer is seeking to dismiss President's Trump's lawsuit against her, the Des Moines Register and its parent company Gannett after a November survey incorrectly predicted that former Vice President Harris led the Hawkeye State. 

The Foundation for Individual Rights and Expression (FIRE), a free speech organization, filed a motion to a federal judge Friday, on behalf of Selzer, arguing that polls are political speech and are thus shielded by the First Amendment. 

“Plaintiffs’ claims are barred by the First Amendment and the Court should dismiss them with prejudice,” FIRE said in the court filing. “In the United States there is no such thing as a claim for ‘fraudulent news.’ No court in any jurisdiction has ever held such a cause of action might be valid, and few plaintiffs have ever attempted to bring such outlandish claims.” 

Selzer’s Nov. 2 survey, which shocked many politicos around the country, showed Harris up by three points in Iowa over Trump — who won the state in 2016 and 2020. The president ended up winning the 2024 general election and the state by 14 points. 

Later in November, the pollster said she would retire, writing that “a year ago I advised the Register I would not renew when my 2024 contract expired with the latest election polls as I transition to other ventures and opportunities.”

The then-GOP presidential nominee went after Selzer for the mishap, accusing her of election “fraud” and saying an investigation should be prompted. 

Trump’s legal team sued the Register and Selzer in mid-December in Iowa state court, alleging the pollster violated the state’s consumer fraud laws by deceiving voters. They also asked that she be barred from “releasing any further deceptive polls” and requested an unspecified amount for damages. 

“For too long, left-wing pollsters have attempted to influence electoral outcomes through manipulated polls that have unacceptable error rates and are not grounded in widely accepted polling methodologies,” the president's team said in the lawsuit. 

Selzer has vehemently denied any intent to sway the election poll.

FIRE noted in the Friday filing that the plaintiffs "fail at the threshold to allege any recoverable damages, and do not state plausible claims, either on the law or on the facts as alleged."

"No court has ever accepted claims like these, and this Court should not be the first," the organization wrote.