President-elect Donald Trump has filed a lawsuit against the Des Moines Register newspaper and its esteemed pollster, J. Ann Selzer, amid claims of "brazen election interference" stemming from a controversial poll released just days before the 2024 presidential election. The poll, conducted on November 2, projected Democratic nominee Kamala Harris leading Trump by three to four points, which raised eyebrows considering Iowa's history as a Republican stronghold, particularly after Trump's substantial victory there in 2020.
This recent legal action forms part of Trump’s broader crusade against media outlets, reflecting his long-standing grievances with the press. Only days before the lawsuit, he celebrated winning $15 million from ABC News following the settlement of another defamation lawsuit concerning erroneous statements made about him. "I feel I have to do this... It costs a lot of money to do it but we have to straighten out the press," Trump declared during his press conference.
The lawsuit, lodged in Polk County, Iowa, seeks accountability from the Des Moines Register and its parent company, Gannett, alleging violations under the Iowa Consumer Fraud Act. Trump's criticisms center on Selzer's polling methods, claiming she intentionally skewed results to benefit Democrats, declaring, "The Harris poll was no 'miss' but rather an attempt to influence the outcome of the 2024 presidential election.” He contends the publication of this poll misled voters and created what he described as "a false narrative of inevitability for Harris" heading up to Election Day.
Lark-Marie Anton, spokesperson for the Des Moines Register, has vocally defended the publication. She noted, "We stand by our reporting on the matter and believe this lawsuit is without merit," reitersting the transparency with which they handled the poll data, which included the release of both unweighted and weighted data alongside technical explanations provided by Selzer herself. Anton emphasized, "It's important to note the pre-election poll did not reflect the ultimate margin of victory for President Trump on Election Day, and we did disclose full demographics and technical details.”
Trump's legal campaign against Selzer and the Des Moines Register is noteworthy for diverging from typical defamation claims he has lodged against other media entities. This strategy, going after Consumer Fraud laws often used for advertising disputes, not only raises questions about his objectives but also the climate such lawsuits might create for the press moving forward.
Critics of Trump’s legal approach are concerned about the precedents it sets. Robert Corn-Revere, chief counsel of the Foundation for Individual Rights and Expression, remarked, "This absurd lawsuit is a direct assault on the First Amendment. Getting a poll wrong is not election interference or fraud.” Legal experts point out how poorly it aligns with judicial expectations under the actual malice standard and predict it could face challenges, but warn it may still draw on media resources with extended legal battles.
Rick Hasen, UCLA School of Law professor, echoed these sentiments, arguing, "This kind of lawsuit could strain smaller media companies attempting to defend themselves, even if the allegations are dubious or unfounded." Legal tactics like these often divert invaluable resources from news reporting and block transparency, casting shadows over the independence of journalism.
Experts have noted Trump’s overall narrative appears fueled by resentment toward mainstream media, fostering an atmosphere where journalists may feel cornered by potential legal retribution for their coverage. The broader narrative positioned by Trump seems aimed at eroding the foundations of media credibility, as he has frequently labeled journalists as "the enemy of the people"—a phrase commonly associated with authoritarian regimes.
Following the filing of this lawsuit, questions loom large about the role political polling will play moving forward, especially as Trump continues to challenge the very legitimacy of the media's reporting capabilities. Even as Selzer announced her retirement from political polling shortly post-election, her influence on the field remains under scrutiny through this lawsuit.
Beyond the pollster's individual case, Trump's legal strategy may signal a future fraught with tensions, as he continues to wield lawsuits against outlets like CNN and CBS News, creating the appearance of using the legal system as his primary weapon to intimidate opponents.
The situation reflects growing apprehension among those monitoring the intersections of freedom of the press and political maneuvering, particularly as Trump prepares to transition back to the White House. Historians and political analysts alike are wary of the potential ramifications, emphasizing the need for vigilance among media stakeholders to uphold press freedom amid increasing pressures. This lawsuit is viewed as not just another case of defamation but rather as part of Trump's broader strategy to reshape narratives around his presidency and the press covering it.
