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.
“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.” 
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%. 
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.
Dozens of brand-new audio hardware and software companies have been launched during the past 20 years. These start-ups are usually funded by venture capital money. VC money is not invested to return a profit, it’s poured in to – pour it in. Their money is “different” than the cashflow that fuels your business. Start-up money buys time to profit.
The Storm,” “Girl, How’d You Get That Gig?” hosted by Amy Gutierrez and Celeste Gehring, and Rod Brooks’ “Quality Hang with Rod Brooks & Friends” debut on Friday (5/23). Jeremiah Crowe says, “After launching Bay Area Sports Collective in early March, it became apparent there were other hosts who wanted to join our team. We are proud to expand our growing podcast network with additional hosts the local Bay Area sports fans know and trust. The future looks bright for the collective and our fans.”
NPR’s “NPR News Now” and “Up First” remain in the #1 and #2 positions, respectively. Other radio-related podcasts of note include Salem Podcast Network’s “The Charlie Kirk Show” steady at #6, Cumulus Podcast Network’s “VINCE” falling five places to #8 and iHeartRadio’s “The Clay Travis and Buck Sexton Show” dipping one place to #14. 
In a ruling that should catch the attention of every talk host and media creator dabbling in AI, a Georgia court has dismissed “Armed American Radio” syndicated host Mark Walters’ defamation lawsuit against OpenAI. The case revolved around a disturbing but increasingly common glitch: a chatbot “hallucinating” canonically false but believable information.
“Brad vs. Everyone” is joining iHeartPodcasts. Polumbo’s podcast featured him covering “the most interesting and entertaining stories in politics and on the internet from a center-right, independent perspective.” He comments, “I’m thrilled to launch this partnership with Premiere Networks and iHeartPodcasts, and to work with their fantastic team to bring ‘Brad vs. Everyone’ to new audiences. It’s an honor to join a network with incredible talent and massive reach, and I look forward to the podcast reaching new heights!”
TALKERS publisher Michael Harrison introduced the term in the 1990s, inviting us to think-beyond the real-time audio we were sending up those towers. What he described seemed conceptual, even futuristic, back then, when we were still logging-onto AOL via dial-up (screech).
1940s, when broadcast dominated mass communications in the U.S. Since then, the media marketplace has changed drastically – from widespread deployment of cable and satellite television networks to the rise of social media, podcasts, and streaming. Local broadcasters compete directly with Big Tech, streaming services, and social media platforms in the marketplace of consumer content. Yet, unlike their competitors such as YouTube and Facebook, broadcasters are limited by the ownership rules in how many households and consumers they can reach. This is an inherent disadvantage.” The letter adds, “By eliminating the national television cap, local TV duopoly restrictions, and local radio ownership caps, broadcasters can better achieve the scale and efficiencies necessary to compete – and to attract vital investment – in a fragmented and rapidly evolving information market.” 
floated debilitating rate regulation schemes that target national network broadcasters for their newsrooms’ editorial decisions, harassed private companies for their Diversity, Equity, and Inclusion efforts, and threatened tech companies that respond to consumer demands for content moderation and fact-checking. Separately, they have attempted to shutter Voice of America and sought retribution against lawful residents that protest Administration policies.” She cited two occasions where presidents – FDR in 1939, and John F. Kennedy in the early 1960s – asked their FCC Chairs to shut down media outlets critical of their policies and those FCC Chairmen boldly refused. 
distributed over 30 podcasts with Bloomberg Media that offer critical news alongside compelling storytelling across the world of business and finance. We are thrilled to continue our partnership to develop, distribute and monetize this impressive lineup and grow our audience worldwide. With an impressive lineup of upcoming shows in the pipeline, our renewed partnership will continue to leverage iHeart’s massive audience reach to expand upon Bloomberg’s community of listeners and provide them with engaging content across the current economic landscape.”
same period in 2024. The company reports that net broadcast revenue was $39.8 million, down 13.6% from Q1 in 2024, and digital media revenue also fell to $10.2 million, a decline of about 4.5%. Salem’s net loss for the quarter was $7.1 million compared to the net loss of $5.1 million it reported in Q1 of 2024.
Right now, dozens of well-suited, over-priced, unpleasant lawyers are fighting in Hollywood over the title credit their client should receive on a movie, TV show, or book cover. Placement within the credit roll at the end of a show is a battleground of egos and legalities. Part of the process of securing proper credit is governed by multiple union rules negotiated by multiple unions and corporate dictates of corporate masters. (You don’t get to be CEO of Paramount by being a nice guy.)
successful there, will have a general election campaign to run in the fall for the next term. Morano issued a statement over the weekend regarding his status. He said, “When I was elected, I had expected to continue hosting my radio show until the swearing-in. However, due to concerns about equal-time rules for the upcoming election and uncertainty around what outside work I’ll be allowed to do once I take office, the decision was made that I would no longer host ‘The Other Side of Midnight’ and would step away from the Red Apple Audio Network for now. This wasn’t a decision I made lightly—or one I made at all, frankly—but I completely understand the reasoning behind it. I’m incredibly grateful to the station’s ownership and management for the opportunity to do a show I loved, with a team I respected, for an audience I adored… I do hope to be back on the radio in some form soon. But for now, I’m off the air. 
Music radio’s competitors were vinyl, then tape, then CDs – before smartphone streaming and satellite radio offered more portability and variety. And before consolidation, broadcasters were under less of the revenue pressure that now commercializes many stations beyond listeners’ tolerance.