You are not prohibited from connecting to Theo de Raat's private SSH server using OpenSSH. You are prohibited from connecting to Theo de Raat's private SSH server. The client has nothing to with it.
What software I use is none of his business right up until it starts affecting computers he owns. This isn't that complicated. If I decide that I don't want people wearing red shirts to enter my house, then that's stupid, but within my rights and does not meaningfully infringe upon your right to wear whatever color shirt you want.
I don't see how restrictions on what is allowed to connect to privately run servers can magically cause software to become non-free. Nor do I see any way in which those restrictions existing (again on computers neither you nor I own) in any way violates the spirit of free software or in any way denies you and I the freedoms that free software is supposed to respect.