Iowa Man Appealed Dismissal of Polling Fraud Lawsuit
An Iowa resident challenged the dismissal of his fraud suit against the Des Moines Register and J. Ann Selzer.
Updated on Sept. 22, 2026 in Elections
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Should newspaper subscribers have the right to sue publishers over perceived inaccuracies in news reporting?
Dennis Donnelly has appealed a federal judge's 2025 decision to dismiss his consumer fraud lawsuit against the Des Moines Register and pollster J. Ann Selzer. The litigation claims a 2024 poll showing Donald Trump trailing was intentionally deceptive.
Why it matters
The case tests the limits of First Amendment protections for media organizations reporting on public interest matters. The defendants argue that subscribers cannot legally sue for perceived inaccuracies in news products under current standards.
The lawsuit alleges there is a 1 in 3.5 million statistical chance the poll was an honest mistake. The case remains subject to the actual malice standard under the First Amendment.
The players
Dennis Donnelly
He is the Iowa resident who initiated a class action lawsuit against the Des Moines Register and J. Ann Selzer.
J. Ann Selzer
She is a professional pollster whose work for the Des Moines Register became the subject of the consumer fraud litigation.
Donald Trump
He is the current President of the United States who won the Iowa election by 13 points and has a separate lawsuit pending.
Steven Colloton
He is the Chief U.S. Circuit Judge who opted out of the potential class action but remains on the appellate case.
The details
The plaintiff argues that the newspaper's use of descriptors like stunning or shocking suggested the publishers held subjective doubt about their own data. A separate but identical lawsuit brought by Donald Trump remains pending in Iowa state court.
Timeline
A federal judge dismissed the lawsuit in November 2025.
The Eighth Circuit heard oral arguments on September 22, 2026.
Political Context
The case hinges on the application of the actual malice standard established for speech protected under the First Amendment. Opponents of the lawsuit argue that such litigation sets a dangerous precedent for the freedom of the press to report on public interest matters.
The final appellate decision may determine if individual subscribers in Iowa have the legal standing to sue media outlets over editorial or polling inaccuracies. This could impact how future news products are presented and the level of liability publishers face for their content.
The takeaway
This litigation highlights the high legal bar for holding news organizations accountable for polling discrepancies. Readers should understand that the First Amendment provides broad protections for media entities, even when reporting on data that conflicts with eventual election results.
Further reading
For more information on legal challenges involving electoral reporting, read the latest coverage on Elections.
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Should newspaper subscribers have the right to sue publishers over perceived inaccuracies in news reporting?
