Mark Walters v. OpenAI: A Landmark Case for Spoken Word Media
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
When Georgia-based nationally syndicated radio personality, and Second Amendment advocate Mark Walters (longtime host of “Armed American Radio”) learned that ChatGPT had falsely claimed he was involved in a criminal embezzlement scheme, he did what few in the media world have dared to do. Walters stood up when others were silent, and took on an incredibly powerful tech company, one of the biggest in the world, in a court of law.
Taking the Fight to Big Tech
Walters, by filing suit against OpenAI, the creator of ChatGPT, become the first person in the United States to test the boundaries of defamation law in the age of generative artificial intelligence.
His case was not simply about clearing his name. It was about drawing a line. Can artificial intelligence generate and distribute false and damaging information about a real person without any legal accountability?
While the court ultimately ruled in OpenAI’s favor on specific legal procedure concerns, the impact of this case is far from finished. Walters’ lawsuit broke new ground in several important ways:
— It was the first known defamation lawsuit filed against an AI developer based on content generated by an AI system.
— It brought into the open critical questions about responsibility, accuracy, and liability when AI systems are used to produce statements that sound human but carry no editorial oversight.
— It continued to add fuel to the conversation of the effectiveness of “use at your own risk” disclaimers when there is real world reputational damage hanging in the balance.
Implications for the Radio and Podcasting Community
For those spoken-word creators, regardless of platform on terrestrial, satellite, or the open internet, this case is a wake-up call, your canary in a coal mine. Many shows rely on AI tools for research, summaries, voice generation, or even show scripts. But what happens when those tools get it wrong? (Other than being embarrassed, and in some cases fined or terminated) And worse, what happens when those errors affect real people?
The legal system, as has been often written about, is still playing catch-up. Although the court ruled that the fabricated ChatGPT statement lacked the necessary elements of defamation under Georgia law, including provable harm and demonstrable fault, the decision highlighted how unprepared current frameworks are for this fast-moving, voice-driven digital landscape.
Where the Industry Goes from Here
Walters’ experience points to the urgent need for new protection and clearer guidelines:
— Creators deserve assurance that the tools they use are built with accountability in mind. This would extend to copyright infringement and to defamation.
— Developers must be more transparent about how their systems operate and the risks they create. This would identify bias and attempt to counteract it.
— Policymakers need to bring clarity to who bears responsibility when software, not a person, becomes the speaker.
A Case That Signals a Larger Reckoning
Mark Walters may not have won this round in court, but his decision to take on a tech giant helped illuminate how quickly generative AI can create legal, ethical, and reputational risks for anyone with a public presence. For those of us working in media, especially in formats built on trust, voice, and credibility, his case should not be ignored.
“This wasn’t about money. This was about the truth,” Walters tells TALKERS. “If we don’t draw a line now, there may not be one left to draw.”
Media attorney, Matthew B. Harrison is VP/Associate Publisher at TALKERS; Senior Partner at Harrison Media Law; and Executive Producer at Goodphone Communications. He is available for private consultation and media industry contract representation. He can be reached by phone at 724-484-3529 or email at matthew@harrisonmedialaw.com. He teaches “Legal Issues in Digital Media” and serves as a regular contributor to industry discussions on fair use, AI, and free expression.
served as a fill-in host for “The Rush Limbaugh Show.” WMAL program director Bill Hess says, “We’re thrilled to have Derek’s fresh voice and perspective on our fulltime lineup. His width of interests will make for a fun and informative afternoon program as we wrestle this news cycle each day.” Hunter comments, “I couldn’t be more excited – this is a homecoming for me. Returning to where I first hosted is a great feeling. I’ve been fortunate to fill in across the lineup – from ‘O’Connor and Company’ to Chris Plante, and even for Rush Limbaugh. To now have a permanent home here is incredibly special. I want to thank Bill Hess, Jeff Boden, and all of Cumulus for this amazing opportunity.”
hosted by Sam Madonia and Greg Halbleib moves from sister sports talk station WFMB-AM/W222CG to WMAY-AM/FM. Current WMAY morning personality Patrick Pfingsten moves to the 3:00 pm to 6:00 pm daypart as host of “PM Springfield.” Back over at Sports Radio 92.3 FM/1450 AM, the station debuts a new morning show called, “The Morning Huddle with Darin Pritchett.” Woodward market manager Kevin O’ Dea says, “We’ve heard our listeners loud and clear. These changes allow us to better serve our audiences with the content they love, while strengthening our ties to the community.”
states, “Steve has shared his entire broadcasting career with the WGN Radio audience and built respect, trust, and friendships along the way. It’s a special relationship and four decades deserves recognition.” Bertrand started at WGN Radio as an intern and was hired full-time in 1985. He has been in the news anchor chair since 1992. Bertrand reflects, “Growing up in a small town, I always had my eye on moving to the big city. Never during those years of daydreaming would I have imagined the career I’ve had at WGN Radio. I have worked with, and still do work with, some of the best in radio. I’m so grateful. And lucky. Back in the day, many people might have considered my fantasy a pipe dream. But, it turns out, dreams can come true.”
study of 303 media agencies and marketers conducted in August 2024 found the perceived combined audience share of Pandora/Spotify is 43%, much greater than the perceived share of AM/FM radio (27%). In reality, “According to the Q1 2025 Share of Ear, AM/FM radio’s persons 18+ share of ad-supported audio (68%) is 14 times larger than ad-supported Pandora (5%) and ad-supported Spotify (5%).” The data also reveals that podcasts take the second-place spot with a 20% share. Ad-supported Pandora (5%), ad-supported Spotify (5%), and ad-supported SiriusXM (3%) lag distantly. 
Morano. Lionel comments, “I’m honored beyond words to be back at WABC – where it all began, my alma mater, the greatest talk radio station in the world. Legendary, historic, storied, unmatched in its legacy. This isn’t just radio, it’s home. It’s the gold standard, the birthplace of giants. And now, I’m back where I belong.”
“Fewer than half of Americans plan to travel this Summer,” according to a 
encompasses four divisions: Local TV and Radio; Network, Syndication Service, Program Service TV and Radio; Digital News Organizations; and Student Awards. RTDNA says the Murrow Awards “recognize local and national news stories that uphold the RTDNA Code of Ethics, demonstrate technical expertise and exemplify the importance and impact of journalism as a service to the community. Murrow Award-winning work demonstrates the excellence that Edward R. Murrow made a standard for the broadcast news profession.” 
iHeartRadio, the deal includes a cross-marketing collaboration of both brands throughout the BIG3 season with promotion nationally across iHeartMedia’s multiple platforms including broadcast radio, podcast digital, social and live events, with a heavy focus in “game” markets including Los Angeles, Miami, Chicago, Dallas and others. iHeart Digital Audio Group CEO Conal Byrne says, “We are very excited about our new partnership with BIG3 and having the opportunity to provide play-by-play coverage and promotional support to build further brand awareness, introducing the game to millions of more fans. We look forward to bringing the passion and excitement of BIG3 to our listeners on a local and national level week after week.”
Cox Radio, with Del Nin agreeing that Warshaw would manage the business as CEO upon successful acquisition.” While both parties were doing due diligence on the CMG deal, Warshaw learned that an Audacy majority stake holder was willing to sell its stake in the company. Warshaw says he steered SFM and Del Nin to the deal that made SFM a majority stake holder of the new Audacy in early 2024. Warshaw alleges he was promised he’d be the next CEO of Audacy or that he would get 5% of SFM’s profits from the Audacy acquisition. After that though, Warshaw says Del Nin balked and denied there was ever an agreement, calling any such claims “fabricated.” Warshaw is seeking compensatory and punitive damages and asking that the court award specific performance of their agreement.
that the KNBR “‘Papa and Silver’ midday show signed off from the 750 Battery St. studios just before 2:00 pm. After a break, the ‘Dirty Work’ afternoon show went live from Daly City.” The story notes that sports talk KNBR was originally KPO-AM when it launched on April 17, 1922 with its tower on top of the Hale Brothers department store at 901 Market Street. 
KMJ a little over two years ago. I’ve enjoyed working with Philip and the entire staff has welcomed me as one of their own. I thought I’d be here longer, but some unexpected health issues made the decision to retire the right choice for me. It was a hard decision to make, but I’m comfortable that I’ve made the right call for my quality of life. I will miss this team.” KMJ program director Blake Taylor comments, “It was great working with a true professional who brought great insights and a unique skill set to our audience. We’re going to miss E. I trust he’s going to take full advantage of the time off. He deserves it!”
Americans 13+ are awake by 6:00 am during the weekday. The two most popular half hour increments Americans set their alarms for are between 6:00 am-6:30 am and 7:00 am-7:30 am. For radio station programmers wondering how important the 5:00 am hour is, just over 14% are awake by 5:00 am with another 17% rising sometime during the 5:00 am hour. Edison says other data indicates most Americans are waking up slightly later than they did before the COVID-19 pandemic shifted routines and schedules to spend more time in the home.
meteorologist. Froney most recently served with WLEX-TV, Lexington, Kentucky. She comments, “I’m looking forward to working with the talented group of meteorologists at FOX Weather. I can’t wait to continue exploring my fascination with meteorology and work with some of the best in the industry.”
driving brand preference is ‘mental availability’: how well known a brand is, and how easily it comes to mind. Brands with low mental availability tend to struggle, rejected in favor of more familiar rivals. Or not considered in the first place. Brands with high mental availability don’t have to push so hard to sell, so tend to have higher market shares and better margins.” The authors also advise, “Always aim to get more customers from all segments of the market. It’s the main way brands grow.” The blog post concludes that AM/FM radio makes your media plan better by increasing reach. One example is illustrated as follows: Edison’s “Share of Ear” study of ad-supported audio reveals the combined persons 18+ daily reach of Pandora and Spotify is only 12% of Americans. Adding podcasts causes reach to surge to 29%. The introduction of AM/FM radio lifts daily reach to 74%. 
Free Press for the very first stop of our First Amendment Tour outside of Washington. Together, we must continue to stand up for free expression and push back against the Administration’s growing campaign of censorship and control.” Gomez’s office says that as part of her tour, Gomez is partnering with consumer and civil society organizations across the ideological spectrum to participate in speaking engagements and listening sessions focused on protecting the rights and freedoms enshrined in the First Amendment. Most recently, she held an event in partnership with the Center for Democracy and Technology, spoke at the Media Institute, and participated in a workshop held by the Competitive Enterprise Institute and TechFreedom.
change. Both organizations share a vision of advancing equity, social justice and civic engagement for future generations.” BIN president Tony Coles adds, “This powerful collaboration will deliver important, unbiased information to our audiences, promote civic engagement, and foster inclusive dialogue. In today’s news environment, our responsibility is to ensure the stories, commitment and goals of civic and community leaders are heard by our listeners and carried forward by future generations.” BIN will advance the mission of the Obama Presidential Center in the runup to opening in 2026 by sharing and distributing stories focused on President Obama’s legacy, community-driven initiatives on the South Side of Chicago and engaging in national conversations around equity, democracy and change.
School with Dom Giordano” – a phrase inspired by the recent TALKERS conference “Generations 2025” held earlier this year in conjunction with IBS NY 2025. The podcast will be carried on the industry’s major platforms.
minds in the business. Through personalized conversations, strategic connections, and unique opportunities, the program aims to empower and elevate the mentee’s career within the radio industry.” This mentorship is open to one female brand manager, content/program director, assistant program director, or music director from any U.S.-based format. “The ‘MIW Elevating Women in Programming Mentorship’ program is a cornerstone of our mission to empower women in radio,” says MIW board president Sheila Kirby. “This initiative not only fosters personal and professional growth but also builds a stronger and more inclusive future for the industry. We’re excited to welcome another talented mentee into this life-changing program.” 