First, on the ethical side…we have The Foundation for Individual Rights and Expression, which picked up the metaphorical baton on non-partisan defense of freedom of speech after the ACLU threw their mission away and became just another lackey for the Democratic Party.

A federal district court today dismissed with prejudice the lawsuit against Iowa pollster J. Ann Selzer stemming from her late and spectacularly wrong poll before the 2024 election showing Donald Trump losing reliably Republican Iowa to Kamala Harris. The lawsuit, brought by a subscriber to The Des Moines Register and structured as a class action asserted claims under Iowa’s Consumer Fraud Act was fraud and attempted election interference. It was a stupid lawsuit, so Selzer, represented pro bono by FIRE, which explained that commentary about a political election, including polls, are protected speech. The court agreed that “polls are a mere snapshot of a dynamic and changing electorate” and “the results of an opinion poll are not an actionable false representation merely because the anticipated results differ from what eventually occurred.” The court also held the plaintiff had “no factual allegations” to support his fraud claim, instead “invok[ing] mere buzzwords and speculation” to support his claims.

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