Two Illinois protesters filed a defamation lawsuit on Friday against conservative media personality Benny Johnson and his company, alleging he falsely portrayed them as violent criminals and “domestic terrorists” in videos and social media posts following a protest outside an Immigration and Customs Enforcement (ICE) facility in Broadview, Illinois, on October 3, 2025.
The plaintiffs, Kyle Frankovich and Maureen Foody, claim Johnson’s footage and subsequent online content misrepresented their actions during the demonstration against Operation Midway Blitz, the Trump administration’s immigration enforcement surge in the Chicago area. According to the complaint, both protesters remained within a designated First Amendment “free speech zone”, where they sang, prayed, held signs, and recorded federal law enforcement. The lawsuit states that federal officers later entered the crowd, using force to detain protesters, including shoving and forcing individuals to the ground. Frankovich and Foody were detained for hours and released without charges.
Johnson, who was embedded with then-Secretary of Homeland Security Kristi Noem and then-Border Patrol Commander-at-Large Gregory Bovin, produced videos and social media posts alleging the plaintiffs had assaulted law enforcement. The complaint asserts these claims were false and known to be false by Johnson at the time of publication. Frankovich, a data scientist at Harvard University, and Foody, a court reporter, allege they have faced professional and personal consequences, including fears of violent attacks and changes to their online security practices.
Frankovich’s arrest was captured on video, showing him with his hands zip-tied behind his back. Images from the footage were later used in ICE recruitment materials, according to the lawsuit. The plaintiffs further allege that Johnson’s characterization of them as “left-wing terrorists” has subjected them to ongoing harassment and reputational harm.
Johnson has not publicly responded to requests for comment. His videos were aired on Fox News, and he has millions of social media followers. The lawsuit seeks damages for defamation, emotional distress, and reputational harm.
Background: The Protest and Legal Claims
The protest occurred amid heightened immigration enforcement activities in the Chicago area. Authorities designated a specific area for demonstrators, where Frankovich and Foody participated in peaceful activities before federal officers intervened. The lawsuit does not dispute that officers used force to clear the area but contends Johnson’s portrayal of the protesters’ conduct was fabricated.
The complaint argues that Johnson’s false claims were made with actual malice, a legal standard requiring proof that the defendant knew the statements were false or acted with reckless disregard for the truth. The lawsuit seeks compensatory and punitive damages, as well as an injunction against further dissemination of the allegedly defamatory content.
Legal and Political Context
The case raises questions about the role of media figures in shaping public perception of protests, particularly those involving immigration enforcement. Johnson’s association with high-profile figures in the Trump administration’s immigration policies adds a political dimension to the lawsuit. The plaintiffs’ legal team has not commented publicly on the case.
Impact on Plaintiffs
Frankovich and Foody allege their lives have been significantly disrupted since the videos were published. Frankovich has restricted his social media presence and uses tools to monitor his address online for safety concerns. Foody, as a court reporter, has faced professional scrutiny due to the false associations with violence. Both plaintiffs argue that Johnson’s actions have caused lasting harm to their reputations and well-being.