Donny ShitsHisPants Convict 47: I Control the First Amendment , Assholes

When the founding fathers drafted the Constitution, they couldn't have imagined a world where a president would throw legal temper tantrums over poll numbers and news coverage he didn't like. Yet here we are, watching Donald Trump wage a pathetic legal crusade against CBS and The Des Moines Register/pollster Ann Selzer, claiming their reporting constitutes "consumer fraud" and has caused him "significant damages." If that sentence alone doesn't make your blood boil, you haven't been paying attention to the slow erosion of our democratic foundations.

Let me be crystal clear: these lawsuits are not just ridiculous — they're a dangerous fucking assault on the bedrock of American democracy. They represent nothing less than an attempt to criminalize journalism that doesn't kiss the ring ( be aware that Wendy will never kiss the fucking ring ). And if we don't call this bullshit out for what it is — fascism dressed in legal briefs — we risk normalizing behavior that would make Joseph McCarthy blush.

A Legal Abomination That Spits in the Face of Constitutional Law

The First Amendment doesn't come with an asterisk that says "except when Donald Trump's feelings get hurt, like a little fucking baby." Yet that's precisely the legal theory being tested here. Trump's lawsuits against CBS and pollster Ann Selzer are attempting to create a magical new "fake news" exception to the First Amendment that has never existed in American jurisprudence.

The Foundation for Individual Rights and Expression (FIRE), which is representing Selzer, has accurately described these lawsuits as "legally baseless and unconstitutional." Their Chief Counsel didn't mince words when filing a motion to dismiss, noting that no court has ever recognized "fraudulent news" as a valid cause of action. And thank god for that, because if they did, we'd be living in a country where powerful interests could legally silence any reporting they didn't like.

What's particularly damning is the actual substance of the complaint against Selzer. Donny McTinyHands is suing because a pre-election poll showed Kamala Harris leading in Iowa, when he ultimately won by 13 points. Fucking seriously? He's claiming this constitutes a violation of Iowa's Consumer Fraud Act and "fraudulent misrepresentation." This is the legal equivalent of a toddler throwing their toys out of the crib because someone predicted they'd eat broccoli but they ended up having carrots.

As any first-year law student could tell you, for fraud to occur, there must be damages. There must be a transaction. There must be reasonable reliance on information. FIRE rightfully points out that the plaintiffs suffered no cognizable damages, had no transaction with Selzer, and couldn't have reasonably relied on information they themselves described as an "outlier." It's a legal argument so fundamentally flawed that in a sane world, the attorneys who filed it would be risking sanctions for wasting the court's time.

The Blatant Illegality That Should Shock Your Civic Conscience

The legal system isn't a weapon to be wielded against journalists and pollsters who don't genuflect to power. Yet that's exactly how Fugly McShitsHimself is attempting to use it. These lawsuits don't just fail the basic smell test of legal coherence; they actively attempt to criminalize standard journalistic and polling practices that have been constitutional for the entirety of our nation's history.

Let's break this down in simple terms: polls are predictions, not promises. Reporting on those polls is journalism, not fraud. The very concept of "fraudulent news" as a legal cause of action is completely invented out of thin air, with no basis in statutory or case law. It's a naked attempt to create a legal mechanism for punishing speech that powerful people don't like.

What's most galling is that these lawsuits directly contradict decades of Supreme Court precedent establishing broad protections for speech about public figures. The landmark New York Times v. Sullivan case set a high bar for public figures to sue for defamation, requiring proof of "actual malice" — meaning the publisher knew the information was false or showed reckless disregard for the truth. A poll that turned out to be wrong isn't malicious; it's just a poll that turned out to be wrong.

Even more insidious is the attempt to use consumer protection laws as an end-run around First Amendment protections. Iowa's Consumer Fraud Act was never intended to regulate political speech or journalistic content. It was designed to protect consumers from deceptive business practices. Trying to shoehorn political polling into this framework is intellectually dishonest and legally corrupt.

The Constitutional Crisis Brewing in Plain Sight

Make no mistake: these lawsuits represent a direct assault on the Constitution itself. The First Amendment was explicitly designed to protect political speech, even (and especially) speech that criticizes government officials. The founders understood that democracy can't function without a free press able to report on matters of public interest without fear of retaliation.

What Shitstorm McSpraytan is attempting here isn't just unconstitutional in some abstract, technical sense. It's unconstitutional in the most fundamental, democracy-threatening way possible. He's trying to establish a precedent where powerful government officials can use the legal system to punish speech they don't like by recategorizing it as "fraud."

If successful (and thank fucking god the courts have thus far shown little appetite for this nonsense), these lawsuits would create a chilling effect on journalism that would freeze political reporting in its tracks. What outlet would risk polling or reporting on a controversial politician if doing so could result in ruinous legal battles? What pollster would release data that might upset a powerful figure if that data could later be deemed "fraudulent" simply because it didn't perfectly predict the future?

The vision of America that emerges from this legal theory is one where the powerful can legally silence their critics by dragging them through expensive litigation. It's a vision where truth is whatever the person with the most lawyers says it is. It's a vision that the Constitution was specifically written to prevent.

The Statistical Absurdity That Makes This Even More Infuriating

Let's set aside the legal and constitutional issues for a moment and focus on the sheer statistical stupidity underlying Blowhard McGrabbyPussy's complaint against Selzer. Polls are, by their very nature, imperfect predictive tools. They have margins of error. They capture a moment in time. They make methodological choices that can impact their results.

Ann Selzer is widely regarded as one of the most accurate pollsters in the country. Her methodology is transparent, her track record is strong, and the Des Moines Register poll is considered a gold standard in the industry. The idea that a poll showing results different from the ultimate election outcome constitutes "fraud" betray a fundamental misunderstanding of how polling works.

Elections are dynamic events. Voters change their minds. Turnout varies. Methodology choices impact results. A poll that shows Candidate A leading, followed by an election where Candidate B wins, isn't evidence of fraud — it's evidence that polling is an imperfect science and that elections are complex events.

What's more, the lawsuit against Selzer seems to suggest that polls should be evaluated solely on whether they accurately predict election results. This is a profound misunderstanding of what polls actually do. Polls are snapshots of public opinion at a specific moment, not crystal balls. They can be affected by subsequent events, changes in voter enthusiasm, or simply the inherent limitations of the polling methodology.

To claim that a poll that doesn't match election results is "fraudulent" is like claiming a weather forecast that predicts rain on a day that turns out sunny is criminal deception. It's absurd on its face and betrays either a devastating ignorance of basic statistics or a cynical attempt to exploit that ignorance in others.

The Fascist Playbook Hidden in Plain Sight

If you're looking for the warning signs of fascism, you couldn't ask for a more textbook example than these lawsuits. Attacking the free press? Check. Attempting to criminalize criticism? Check. Using the legal system as a weapon against political opponents? Check. Trying to control the narrative by intimidating media outlets? Check and fucking check.

Throughout history, one of the first moves in any authoritarian's playbook has been to delegitimize and then control the press. From Mussolini to Putin, wannabe dictators understand that a free press is incompatible with authoritarian rule. You can't control a population that has access to information you don't approve.

Orangeballs Von Taxcheat's constant drumbeat of "fake news" rhetoric, culminating in these legally baseless lawsuits, follows this playbook to the letter. It's not just that he disagrees with certain coverage — it's that he's actively trying to create legal mechanisms to punish that coverage. He's attempting to establish the precedent that news he doesn't like is not just wrong but illegal.

This is what the early stages of fascism look like. It rarely begins with jackboots and obvious dictatorship. It begins with seemingly small erosions of democratic norms. It begins with attacks on institutions like the free press that serve as checks on power. It begins with powerful figures testing the limits of what they can get away with.

What makes these lawsuits particularly dangerous is that they operate within the framework of the legal system while attempting to undermine its fundamental principles. They use the language of consumer protection to attack constitutionally protected speech. They cloak authoritarian impulses in the veneer of legal procedure.

The Unlikely Success That Still Causes Damage

Let's be real: these lawsuits are unlikely to succeed on their merits. The legal arguments are so fundamentally flawed, so completely detached from established jurisprudence, that most legal experts view them as dead on arrival. No court has ever recognized "fraudulent news" as a valid cause of action, and for good reason — doing so would eviscerate the First Amendment.

But here's the thing: winning in court may not be the primary objective. These lawsuits succeed simply by existing, by forcing defendants to spend resources fighting them, by creating a chilling effect on other journalists and pollsters, and by reinforcing the narrative that unfavorable coverage is not just biased but fraudulent.

It's a strategy known as "lawfare" — using the legal system not necessarily to win judgments but to harass, intimidate, and drain resources from opponents. Even when these cases are eventually dismissed, the defendants have still been forced to spend significant time and money defending themselves. For smaller outlets or individual pollsters like Selzer, these costs can be devastating regardless of the ultimate outcome.

Moreover, these lawsuits serve another purpose: they further erode public trust in media institutions. By constantly claiming that unfavorable coverage is "fake news" and now taking the extraordinary step of claiming it's actually fraudulent and illegal, Shartlord McFartBrain is telling his supporters not to believe information that contradicts his preferred narrative. It's creating an information ecosystem where truth is determined not by facts but by tribal loyalty.

The unlikely success of these lawsuits in court masks their actual success in the court of public opinion, where they reinforce the dangerous idea that journalism critical of power is illegitimate and potentially criminal. That's a victory for authoritarianism regardless of the legal outcome.

The Legal Harassment That Threatens Us All

These lawsuits represent a form of legal harassment that should concern every American regardless of political affiliation. Today, it's CBS and Ann Selzer in the crosshairs. Tomorrow, it could be any outlet or individual who publishes information that powerful interests don't like.

Imagine a world where any poll or news report that turns out to be incorrect (or simply at odds with a powerful person's narrative) could result in ruinous litigation. Imagine the self-censorship that would occur, the stories that wouldn't be told, the data that wouldn't be published. Imagine how much poorer our public discourse would be, how much less informed our citizenry.

This is precisely the world Crapsack McTantrum is trying to create through these lawsuits. It's a world where the free press exists in name only, cowed into compliance by the threat of legal retaliation. It's a world where power determines truth rather than the other way around.

What's particularly disturbing is how these lawsuits target not just major media corporations like CBS, which have the resources to defend themselves, but also individuals like Ann Selzer. This sends a clear message: no one is too small to be outside the reach of this intimidation strategy. If you publish information that contradicts the preferred narrative, you too could find yourself drowning in legal fees.

The Path Forward Through This Constitutional Quagmire

So where do we go from here? How do we respond to this blatant attack on fundamental democratic principles?

First and foremost, we must recognize these lawsuits for what they are: not legitimate legal actions but authoritarian intimidation tactics dressed in legal language. We must resist the normalization of using the legal system as a weapon against constitutional rights.

Second, we need robust judicial responses that not only dismiss these baseless claims but do so in ways that discourage similar actions in the future. Sanctions for frivolous litigation should be on the table. Legal norms and procedures should not be weaponized against the very constitutional principles they're designed to protect.

Third, we need to support organizations like FIRE that are defending the constitutional rights of journalists, pollsters, and others targeted by these intimidation tactics. Their work is essential in preventing the erosion of First Amendment protections.

Fourth, we need to recognize that this is not a partisan issue but a constitutional one. The ability of the press to report freely without fear of political retaliation is essential to democracy itself, regardless of which party holds power. Today it's Trump targeting media outlets he doesn't like; tomorrow it could be any powerful figure from any political persuasion.

Finally, we as citizens need to become more sophisticated consumers of information. Understanding that polls have limitations, that predictions aren't promises, and that journalism can be imperfect without being fraudulent is essential to maintaining a healthy information ecosystem.

The Stakes Could Not Be Higher

The real danger of these lawsuits isn't that they'll succeed in court. The danger is that they represent one more step in the gradual erosion of democratic norms and constitutional protections. They're part of a broader pattern of attacks on institutions that check power — the free press, an independent judiciary, nonpartisan civil servants, and more.

We've seen throughout history how democracies die: not usually in dramatic coups but through the slow, steady weakening of the institutions and norms that sustain them. These lawsuits are a textbook example of that process in action.

When a president attempts to use the legal system to punish speech he doesn't like, we are witnessing an assault not just on specific defendants but on the very concept of free expression. When he attempts to create a legal framework where unfavorable coverage can be deemed fraudulent and illegal, we are witnessing an attempt to rewrite the constitutional compact that has governed our nation for over two centuries.

The lawsuits against CBS and Ann Selzer are more than just frivolous legal actions. They're a litmus test for our democracy's immune system — its ability to reject authoritarian challenges to its fundamental principles. So far, that immune system appears to be functioning, with courts showing appropriate skepticism toward these legally baseless claims.

But the very fact that we've reached this point — where a president feels emboldened to launch such a frontal assault on First Amendment principles — should serve as a wake-up call. The guardrails of our democracy are being tested in ways that would have been unimaginable just a few years ago.

In the face of this challenge, we cannot afford complacency. We cannot dismiss these lawsuits as merely ridiculous without recognizing the danger they represent. We cannot allow the normalization of using the legal system to punish constitutionally protected speech.

The founding fathers gave us the First Amendment for a reason. They understood that democracy cannot function without the free exchange of ideas, without a press that can hold the powerful accountable without fear of retaliation. In these lawsuits, we're seeing precisely the kind of threat they sought to prevent.

Our response to this moment will help determine whether the First Amendment remains a living protection for all Americans or becomes a hollow promise, subject to the whims of the powerful. The stakes really are that high. And if that doesn't scare the shit out of you, it should.

Citations

1. Sullum, J 2025“Trump Tries To Carve Out a First Amendment Exception for 'Fake News'“ Reason Dot Com

2. “RESTORING FREEDOM OF SPEECH AND ENDING FEDERAL CENSORSHIP” White House Dot Gov