Two individuals filed a defamation lawsuit on Friday, Oct. 2, 2026, against podcaster and social media influencer Benny Johnson. The plaintiffs, Kyle Frankovich and Maureen Foody, allege that Johnson falsely identified them as "left-wing terrorists" who assaulted federal officers during a demonstration at an Immigration and Customs Enforcement (ICE) facility in Broadview, Illinois, in October 2025.
The incident occurred while Johnson was embedded with then-Secretary of Homeland Security Kristi Noem and then-Border Patrol Commander-at-Large Gregory Bovino. According to the complaint, Frankovich and Foody were demonstrating in a designated "free speech zone" when they were detained by agents. Frankovich, a data scientist at Harvard University, and Foody, a court reporter, were held for approximately eight hours before being released without charges.
The lawsuit alleges that despite their release without charges, Johnson posted videos to his millions of followers claiming the detainees had assaulted ICE officers. One such video reportedly received 1.7 million views. The plaintiffs state that images of Frankovich in zip-ties were subsequently used in ICE recruitment materials. Johnson did not immediately respond to requests for comment.
The scale of the impact involves the reach of Johnson’s digital platform, which has millions of followers and serves as a source for televised news segments on networks like Fox News. While the total number of people detained during the October 2025 event was reported as approximately 10, the legal challenge targets the dissemination of information to millions of viewers. For the plaintiffs, the concrete day-to-day change includes increased security measures at home, such as no longer walking their dog alone due to the risk of being recognized from the viral footage.
This case may set a precedent regarding the legal liability of social media influencers who act as "administration allies" to create content alongside federal agencies. While federal officials typically have immunity from defamation suits, this action tests whether private citizens who distribute information on behalf of, or in coordination with, the government are subject to the same protections. The case was filed in federal court in Illinois on Oct. 2, 2026. A trial date or schedule for preliminary motions has not yet been reported.