On October 31, 2025, a crowd gathered in a designated free speech zone outside an Immigration and Customs Enforcement (ICE) processing and detention center in Broadview, Ill. The gathering was meant to voice opposition to immigration policies, but a video that later went viral transformed the event into a legal battleground.
Video claims and on-the-ground reality
In the footage, pro-Trump media personality Benny Johnson narrates that protesters had assaulted ICE officers who were attempting to clear the area. He states, “These individuals assaulted ICE officers as they were trying to clear out the area behind us over here,” while appearing alongside then-Secretary of Homeland Security Kristi Noem and former border patrol Commander-at-Large Gregory Bovino. The narration was recorded during an embedded tour, giving the impression of official endorsement.
One of the men captured in the clip, data scientist Kyle Frankovich insists he never heard of Johnson before the online influencer posted the video last October. Frankovich says he was merely observing ICE agents from the permitted free speech zone when he was shoved to the ground, handcuffed, and briefly detained. He later recalled seeing individuals in reflective vests filming the scene and realizing, “I’d seen Kristi Noem being walked past and I kind of put it together at that point that ‘Oh, they’re filming propaganda. They’re using us as props.’”
Defamation lawsuit filed
Frankovich, together with fellow protester Maureen Foody a court reporter, filed a defamation lawsuit on a Friday, alleging that Johnson knowingly spread falsehoods. Both plaintiffs were released without charges, yet images of Frankovich with his hands zip-tied and his distinctive tattoos were later repurposed in recruitment material by U.S. Immigration and Customs Enforcement. The suit claims the viral video has led to online harassment, with Frankovich receiving posts that incorrectly label him as a Chicago antifa leader—a label he says is entirely untrue.
According to the complaint, the false portrayal has forced the pair to alter everyday habits. Frankovich explained, “They said we need to find who this person is, find out where they live, and we need to stop him. And that’s obviously very terrifying.” He added that he and his partner now avoid walking alone and keep vigilant watch for suspicious activity near their home.
Legal experts comment on the broader impact
Evergreen Legal Strategies partner Karianne Jones framed the case as a test of accountability for what she called “Trump’s malignant disinformation ecosystem.” She said, “Benny Johnson is a key part of Trump’s malignant disinformation ecosystem that has spread lies and propaganda with impunity. This case should put him and other bad actors on notice that they will be held accountable for the damage their lies cause.” Johnson, who boasts millions of social media followers saw the video aired on Fox News, amplifying its reach.
While federal officials typically enjoy immunity from defamation claims, Rachel Goodman special counsel with the nonprofit Protect Democracy, noted that the lawsuit highlights a pattern of the former administration using media allies to shape the information environment. She warned that the strategy involved pairing official narratives with influencers who could fabricate content, thereby blurring the line between government communication and partisan propaganda.
The lawsuit remains pending, but its outcome could set a precedent for how far political commentators can be held responsible when their statements cross from opinion into demonstrably false allegations.
