Conservative podcaster Benny Johnson is now reportedly facing a defamation lawsuit from two ICE protesters who claim his videos, viewed by millions of people, wrongly portrayed them as criminals and “left-wing terrorists.”
The lawsuit was filed Friday on behalf of Kyle Frankovich, a Harvard data scientist, and Maureen Foody, a contract court reporter. One of the plaintiffs’ lawyers said the suit is meant to hold accountable people who “serve as a mouthpiece for the government.”
According to the plaintiffs, they were peacefully protesting the Trump administration’s Operation Midway Blitz last October in a “free speech” zone outside the Broadview ICE facility in Broadview, Illinois, when they were detained by ICE. It was at that point that Johnson arrived alongside then-Homeland Security Secretary Kristi Noem and former Border Patrol commander Gregory Bovino.
The complaint describes what happened next.
“Mr. Johnson filmed Plaintiffs lined up on the street with their hands bound behind their backs, while Mr. Johnson narrated a purported accurate firsthand eyewitness account of Plaintiffs’ actions that day,” the complaint states.
In the footage, Johnson describes the protesters as “left-wing terrorists arrested for attacking police officers and ICE officers.”
The plaintiffs dispute that account.
“All of this was false, which Mr. Johnson knew,” the complaint said.
Johnson can also be seen in the video taunting the protesters. At one point he says, “These are exactly the kind of people that we want to be pissing off … It’s your tears that keep us going.”
The lawsuit takes aim at the nature of Johnson’s content, describing his videos as “political combat dressed up as news.”
The case could be a first of its kind. According to MS NOW, the lawsuit appears to be the first defamation suit tied to the Trump administration’s immigration crackdown to be filed against one of the conservative influencers who have amplified the administration’s portrayal of left-wing protesters. MS NOW described those creators as an unofficial team that receives access in exchange for spreading the government’s framing, access that helps them draw online audiences and shape the conservative news cycle.
Johnson previously worked as a conservative writer at BuzzFeed, where he was fired for plagiarism. He later launched his own podcast, which now reaches millions of viewers on social media.
Frankovich and Foody are seeking “damages in excess of $75,000, as well as interest, reasonable attorneys’ fees, and costs, as allowed by law.” They are also asking for punitive damages.
The suit sets up a legal fight over the line between commentary and claims of fact, with the plaintiffs arguing that Johnson’s narration of the scene outside the Broadview facility was presented as an accurate eyewitness account when, according to their complaint, it was not.
