Judge tosses Trump's lawsuit against Des Moines Register
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President Trump on the south lawn of the White House on Wednesday. Photo: Finn Gomez/Getty Images
A district judge tossed an election interference lawsuit by President Trump against the Des Moines Register, parent company USA Today Co. (formerly Gannett) and pollster Ann Selzer, rejecting claims that its inaccurate pre-election poll amounted to consumer fraud.
Why it matters: The dismissal is an early court test of Trump's broader push to use litigation against media organizations over coverage he disputes.
Zoom in: In his ruling, Judge Scott Beatle said the plaintiff's attempt to use fraud law to allege liability on the poll was not a valid legal argument because political speech is protected by the First Amendment.
- "As such, the only question before the Court is whether the Petition states a claim the law recognizes," Beatle wrote.
- "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."
- "After considering the parties' arguments, the Court must conclude that the protection is too great and the reach is too far. The case must therefore be dismissed," he wrote.
What they're saying: "Today is a victory for the First Amendment—and for the essential role of a free press in American democracy. We are gratified that the Court recognized what this meritless lawsuit sought to obscure: that claims of "fake news" are little more than an attempt to punish news outlets for coverage those in power do not like," said Polly Grunfeld Sack, USA TODAY Co, Chief Legal Counsel.
- "A free press is fundamental to an informed public and a vibrant democracy. This decision reaffirms the enduring First Amendment principles that empower journalists and sends a message to those who think they can intimidate the press through legal action."
The big picture: The lawsuit is part of a broader effort by Trump and his Administration to target media companies with legal action for what they believe is unfair coverage.
- To date, the courts have mostly sided with media companies, citing the strength of the First Amendment.
What we're watching: The White House referred Axios to Trump's personal lawyers, who did not respond when asked whether they plan to appeal.
