The nonprofit Foundation for Individual Rights and Expression (FIRE) announced on January 7 that it will defend longtime Iowa Poll director J. Ann Selzer at no charge in the lawsuit Donald Trump filed last month. Trump sued Selzer, her polling company, the Des Moines Register, and its parent company Gannett over the final pre-election Iowa Poll, which showed Vice President Kamala Harris leading Trump by 3 points. The Republican later carried Iowa by a 13-point margin.

FIRE’s chief counsel Bob Corn-Revere said in a news release, “Punishing someone for their political prediction is about as unconstitutional as it gets,” adding, “This is America. No one should be afraid to predict the outcome of an election. Whether it’s from a pollster, or you, or me, such political expression is fully and unequivocally protected by the First Amendment.”

One of President-elect Donald Trump’s top advisers on judicial and legal matters stepped away from a University of Iowa alumni advisory board late last year. Mike Davis has long been an aggressive Trump ally, known for his “combative presence on right-wing media.” Some of his posts on the X/Twitter platform prompted calls in November for the university to remove him from the political science department’s alumni advisory board. But in a statement provided last month, Davis said, “With President Trump’s victory on November 5th, I will not have the necessary bandwidth to serve on this important volunteer board, so I decided on my own to step down.”

The Article III Project, which Davis leads as founding president, told Bleeding Heartland that no one from the university asked Davis to resign from the advisory board or take down any of his social media posts.

Communications staff for the University of Iowa declined to comment on the situation. Professor Brian Lai, the interim department chair listed as the point of contact for the alumni advisory board, did not respond to inquiries.

“The First Amendment prohibits government officials from arbitrarily denying reporters access to official information, and from discriminating against reporters based on their viewpoint,” declares a federal lawsuit filed on my behalf on January 19. Yet since 2019, the Iowa House Chief Clerk “has arbitrarily applied an ever-shifting credentialing system” to limit my “ability to gather and report political news” from the Iowa House chamber.

The Institute for Free Speech filed the suit in the U.S. District Court for the Southern District of Iowa, making four claims under the U.S. Constitution. First, by denying me access to the Iowa House press bench, where other statehouse reporters can closely observe House debate and attend regular briefings by House Speaker Pat Grassley, Chief Clerk Meghan Nelson is violating my First Amendment rights of free speech and freedom of the press.

Second, the complaint also states that Nelson’s policy, limiting access to reporters who provide “nonpartisan news to a broad segment of the public,” amounts to unconstitutional content-based and viewpoint-based discrimination, on its face and as applied to me.

Third, Nelson’s press credential policy “constitutes a prior restraint in violation of the First Amendment.” Chief Clerk Nelson has “unbridled discretion” to grant reporters access to the House press box, and “relies on the undefined, broad terms of the credential policy to subjectively exclude news media and deprive them of the ability to gather news in a manner equal to that afforded to other media representatives.”

Finally, the suit asserts that the press credential policy is vague in violation of my “First Amendment rights to free speech and press and Fourteenth Amendment right to due process.”

UPDATE: Attorney General Brenna Bird filed notice of appeal to the Eighth Circuit on January 12. Original post follows.

The state of Iowa cannot enforce key parts of a new law that sought to ban books depicting sex acts from schools and prohibit instruction “relating to gender identity and sexual orientation” from kindergarten through sixth grade.

U.S. District Court Judge Stephen Locher issued a preliminary injunction on December 29, putting what he called “staggeringly broad” provisions on hold while two federal lawsuits challenging Senate File 496 proceed. The judge found the book bans “unlikely to satisfy the First Amendment under any standard of scrutiny,” and the teaching restrictions “void for vagueness under the due process clause of the Fourteenth Amendment.”

However, the state may continue to enforce a provision requiring school administrators to inform parents or guardians if a student seeks an “accommodation that is intended to affirm the student’s gender identity.” Judge Locher found the LGBTQ students who are plaintiffs in one case lack standing to challenge that provision, since “they are all already ‘out’ to their families and therefore not affected in a concrete way” by it.

Governor Kim Reynolds and Attorney General Brenna Bird quickly criticized the court’s decision. But neither engaged with the legal issues at hand.

Steve Corbin is emeritus professor of marketing at the University of Northern Iowa and a freelance writer who receives no remuneration, funding, or endorsement from any for-profit business, nonprofit organization, political action committee, or political party. 

I fondly recall my senior year in high school when Mary Beth Tinker, John Tinker and Christopher Eckhardt wore black armbands to their high school to protest the Vietnam War. Their suspension from school was cast around the thought that wearing armbands would disrupt learning.

In a landmark U.S. Supreme Court case from 1969, Tinker v. Des Moines, seven justices agreed students’ freedom of expression should be protected. The majority refuted the school’s stance by candidly stating “Students don’t shed their constitutional rights at the school house gates.”

Many of today’s GOP-oriented governors and legislators, far right-wing groups, conservative media, and Republican presidential candidates have either enacted or endorsed book banning or limits to curriculum on LGBTQ and anti-racist topics. It’s a blatant attack on the constitutional rights of students, parents, teachers, the general public, and book authors.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

Around the time the famous movie “The Bridges of Madison County” premiered in 1995, author Robert James Waller was at a book-signing in West Des Moines. Between scribbling his signature for fans on copies of his novel, Waller answered questions from a Des Moines Register reporter.

At one point, the persnickety Iowan became peeved by the nature of the reporter’s questions. He yanked the notebook from her hand and flipped it aside. 

That led to a letter to the editor a few days later in the Register in which a reader observed that Waller should use some of his millions in book and movie royalties to buy himself a thicker skin.

Some local government officials in Iowa show signs of needing thicker skins, too, because they have tried to silence critics at meetings of city councils and school boards for making comments they did not like.

UPDATE: Although an Iowa Senate Judiciary subcommittee recommended passage of this bill, the full Judiciary Committee did not take it up before the legislature’s second “funnel” deadline on March 31. That means the bill won’t advance this year. Original post follows.

Iowa House members voted overwhelmingly on February 9 to make it easier to counter lawsuits filed in order to chill speech.

House File 177 would create a path for expedited dismissal of meritless claims stemming from exercise of the constitutionally-protected “right of freedom of speech or of the press, the right to assemble or petition, or the right of association […] on a matter of public concern.” Such cases are sometimes called “strategic lawsuits against public participation” (SLAPP), because the plaintiffs’ goal may be primarily to discourage speech or media coverage, rather than to prevail in court.

The Republican floor manager, State Representative Steven Holt, said passing an anti-SLAPP law became a priority for him after the Carroll Times Herald was sued over coverage of a local police officer who had relationships with teenage girls. Holt noted that even though the libel lawsuit was not successful, the newspaper “was left with over $100,000 in debt and nearly went out of business.”

Holt said the bill was about “protecting our small-town newspapers and media outlets.” Democratic State Representative Megan Srinivas also spoke in favor of the bill, saying it was critical to protect journalists, especially those working in small communities.

Brandi Webber is a local artist, volunteer, mother, and candidate for Des Moines City Council in Ward 3. -promoted by Laura Belin 

Gross abuse of power.

Those are words you won’t read in any newspaper, local tv, or online news article about the Des Moines City Council meeting on June 28 – or any council meeting, for that matter. However, that is exactly what has been happening for more than a year. 

The state of Iowa cannot enforce the latest attempt to discourage and criminalize undercover reporting at livestock facilities. U.S. District Court Senior Judge James Gritzner on December 2 granted a request for a preliminary injunction against a law enacted in March, which prohibits “agricultural production facility trespass.”

The Adams County Sheriff’s office must stop charging critics with crimes, under a U.S. District Court injunction issued this week. The injunction is part of an agreement to settle a federal lawsuit filed on behalf of Red Oak resident Jon Goldsmith, the ACLU of Iowa announced on July 8. Goldsmith faced a third-degree harassment charge last year after putting up a profanity-laden Facebook post about a sheriff’s deputy.

Ira Lacher: Lawmakers in Canada, the UK, and Germany “have accepted the premise that if you drop a hammer from the 15th floor of a building, you don’t need to look down to know the hammer has fallen.” -promoted by Laura Belin

There’s a new law in Iowa. Under the guise of promoting free speech, it’s intended to give free reign to those who, under cover of the First Amendment, deliver hate language on college campuses.

The legislation reads, in part: “[I]t is not the proper role of an institution of higher education to shield individuals from speech protected by the first amendment to the Constitution of the United States, which may include ideas and opinions the individual finds unwelcome, disagreeable, or even offensive.”

The law permits colleges to restrict hate speech only if that speech contains “a threat of serious harm and expression directed or likely directed to provoke imminent unlawful actions.” But there’s the problem: America, unlike other countries, does not define such language, much less outlaw it.

Hot off the press: the U.S. Supreme Court has declined to hear Republican State Senator Rick Bertrand’s appeal of a Iowa Supreme Court ruling rejecting his defamation case. Bertrand’s lawsuit stemmed from a negative ad the Iowa Democratic Party ran against him during his 2010 campaign against Rick Mullin. To my surprise, Bertrand won significant damages in a jury trial, and a partial victory at the Iowa District Court level. The district court judge reduced the damages awarded to Bertrand but determined that the controversial television spot constituted “implied libel.”

Both Bertrand and the defendants in the defamation case (Mullin and the Iowa Democratic Party) appealed to the Iowa Supreme Court, which heard the case in January. In May, justices unanimously dismissed the case. Bleeding Heartland posted key excerpts from that unanimous ruling here. You can read the full decision here (pdf).

Bertrand’s only option left was a U.S. Supreme Court appeal. I never thought he would get far with this lawsuit, because of extensive case law supporting strong protections for political campaign speech, as well as a high bar for any public figure claiming defamation (libel or slander).

Today, Bertrand v. Mullin et al appeared on a long list of cases in which the U.S. Supreme Court denied certiorari.

UPDATE: Bertrand reacted to today’s news on his twitter feed. I’ve added those comments below. He still doesn’t have a grasp of the First Amendment issues.

Today the Iowa Supreme Court unanimously dismissed a defamation case filed by Republican State Senator Rick Bertrand over a 2010 negative television ad. You can read the full ruling here (pdf). I’ve posted a few excerpts below.

The Iowa Democratic Party ran the ad on behalf of Democratic candidate Rick Mullin shortly before the 2010 general election. Bertrand immediately filed a defamation lawsuit, in what I assumed was a stunt to change the media narrative. However, he pursued the case after winning the Iowa Senate race. In 2012, a jury decided in favor of Bertrand and awarded him $231,000 in damages. Later, a district court judge reduced the damages to $50,000 but determined that the tv ad constituted “implied libel.” The judge concluded that several statements in the commercial, though technically accurate, created a misleading impression about Bertrand. Both sides appealed to the Iowa Supreme Court. Mullin and the Iowa Democratic Party asked the justices to overturn the original verdict, while Bertrand defended his libel claim and objected to the damages being reduced.

I always expected the verdict to be overturned on appeal, because of extensive case law supporting strong protections for political campaign speech, as well as a high bar for any public figure claiming defamation (libel or slander).

Chief Justice Mark Cady cited many judicial opinions in his ruling, joined by Justices Thomas Waterman, Daryl Hecht, Bruce Zager, and David Wiggins. Justices Edward Mansfield and Brent Appel recused themselves from this case for reasons Bleeding Heartland discussed here. During the oral arguments in January, some observers thought Waterman sounded sympathetic to Bertrand’s attorney–which goes to show comments made during oral arguments don’t necessarily reflect the way a judge will decide a case.

This morning, Bertrand told the Des Moines Register, “The Iowa Supreme Court failed the people of Iowa and they failed the nation today. They did not show the courage to really say no to lies and corruption in politics.” Iowa Senate Majority Leader Mike Gronstal released the following statement: “We are pleased with the decision by the Iowa Supreme Court. The decision affirms our original position: the communication in question was factually accurate and protected free speech.”

The Iowa Supreme Court heard oral arguments yesterday in an appeal of Republican State Senator Rick Bertrand’s defamation lawsuit against his 2010 opponent, Rick Mullin, and the Iowa Democratic Party. Des Moines attorney and law blogger Ryan Koopmans live-tweeted the hearing, and Mike Wiser and Grant Rodgers published summaries.

We’ll know the verdict within a few months, but I’ve posted some thoughts and predictions below.

A former Iowa student whose black armband led to an important U.S. Supreme Court decision of the 1960s died last week in Florida, the Des Moines Register reported yesterday. The Iowa Civil Liberties Union sued the Des Moines Independent Community School district on behalf of Christopher Eckhardt and his friends John Tinker and Mary Beth Tinker after all three students were suspended for wearing black armbands to their schools as an anti-war protest. The case eventually made it to the U.S. Supreme Court, which ruled in 1969 that the school principals were not justified in limiting the students’ free expression.

Tinker v. Des Moines Ind. Comm. School Dist. may be the most important case from Iowa ever to reach the Supreme Court. Judges have applied the “Tinker standard” in many other First Amendment cases. After the jump I’ve posted links about the case and some reflections on Eckhardt’s role.

A Sioux City jury awarded Republican State Senator Rick Bertrand $231,000 over a television commercial that attacked him shortly before the 2010 general election. It is rare for a defamation case based on political advertising to succeed, for reasons explained below.

UPDATE: Governor Terry Branstad suggested on April 9 that this verdict has got him thinking about suing the Democratic Governors Association over their 2010 campaign materials. Details are at the end of this post.

LATER UPDATE: Incredibly, Bertrand is appealing this verdict in order to seek punitive damages as well as the compensatory damages the jury awarded. More comments below.

The Democratic-controlled Iowa Senate passed two bills today favored by corporate agricultural interest groups. House File 589, the notorious “ag gag” bill, seeks to prevent whistleblowers from reporting alleged abuse at agricultural facilities. Senate File 2172 would reduce the number of sows that confined-animal feeding operations need to report for manure management purposes. Details on the bills and how senators voted are after the jump.

UPDATE: Bypassing normal legislative procedures, the Republican-controlled Iowa House also passed the “ag gag” bill on February 28. Scroll down for details on how the state representatives voted.  

Wikipedia, Reddit and many other websites are dark today to protest the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), now pending in the U.S. House and Senate. Momentum appears to have shifted against this legislation in its current form, but a modified bill might still pose a threat to freedom of information. I sought comment on this legislation from all members of Iowa’s Congressional delegation.

UPDATE: Added Representative Bruce Braley’s statement opposing SOPA below, along with a comment from Representative Steve King’s office.

LATER UPDATE: A statement from Representative Leonard Boswell is now below as well.

THURSDAY UPDATE: Added a YouTube video about SOPA, released by Braley’s re-election campaign.

Senator Wyden continues to be the Senate's truest champion of an open Internet.  

Yesterday, he placed a hold on Senator Leahy's PROTECT IP Act (or PIPA), which would allow the government to restrict ordinary users’ access to websites that have been accused of copyright infringement, by forcing Internet service providers and search engines to block these sites.

Though this bill was unanimously approved yesterday by the Senate Judiciary Committee, Senator Wyden has prevented it from going to the full Senate, citing concerns that it would "muzzle speech and stifle innovation and economic growth." Wyden's full statement can be read here.

Express your opposition to PIPA by signing Demand Progress's petition here.  

To call your lawmakers directly, (3,000 Demand Progress members already have!), click here.

Google CEO Eric Schmidt publicly came out against the legislation, and yesterday, Demand Progress and more than a dozen human rights and civil liberties groups sent a letter in opposition to PIPA to Leahy. The full letter is posted here.

Earlier this week, Demand Progress was attacked by the Motion Picture Association of America because torrent site Demonoid linked to us.  This attack reveals PROTECT IP's proponents’ warped sense of how the Internet works, or should work — a world where sites that link, and sites that are linked to, are responsible for each other's actions.

If you are concerned about the government restricting your Internet access, join the 60,000 others who have signed our petition to kill PIPA.

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Demand Progress is a political action committee and online activist group with more than 400,000 members.