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.

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.
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.
suitable for all formats. All are hosted by WMAL-FM, Washington, DC morning personality Larry O’Connor. Fisher House says, “The inspiring and patriotic radio show features interviews with wounded warriors and veterans including heroes from Operation Enduring Freedom, the Vietnam War, and an incredible, emotional story of one of America’s World War II living legends. Listeners will hear their emotional stories fighting for our freedoms, the injuries and illnesses they endured, and the welcoming homes Fisher House provides for them and their loved ones while they endure their painful and painstaking recoveries.” For more information on this radio special, contact Larry O’Connor at: 562-665-9537 or
LLC, owner of news/talk KIVA, Albuquerque and hosts the afternoon drive “Rock of Talk” show. The seat is currently held by Democrat Gabe Vasquez. The Albuquerque Journal reports that Aragon ran for congress in the state’s 1st Congressional District in 2021 and previously ran for mayor of Albuquerque. He tells the paper, “I can win this race… We need more privatization of education. I think the approach that’s being taken at the national level is important. We don’t want to do without the money, but we definitely want to do without the bureaucracy.” 
and public television have enjoyed bipartisan support since 1967. The system has a profound impact on Americans in all 50 states and in every type of community—urban, suburban, rural, and remote. This indispensable service costs the American taxpayer about $1.60 a year, and it is one that the majority of Americans want to maintain. Recent polling from the Pew Research Center shows that only 24 percent of Americans support cutting federal funding. The budget request and executive order are only part of the administration’s ongoing effort to dismantle the American public broadcasting system as we know it. We expect even more to come. If successful, the effort will exacerbate existing news deserts and create new ones, as public radio has become the main (or only) remaining source for fact-based local news, educational and cultural programming, and critical emergency broadcast services in many communities across the country.” He encourages them to contact their legislators and to either donate or increase one’s current contribution to the public broadcasting organization.
“ArtsBeat,” “Athenaeum Spotlight,” and “On The Mark” for WCPC, Channel 15 and WSKB-FM 89.5, both in Westfield, MA. He was a regular contributor to Berkshire Onstage and a member of the Berkshire Theatre Critics Association. His weekly column “Arts Beat” appeared in The Westfield News. In his youth, Auerbach studied theater at American University and the Yale School of Drama. During his multimedia career his impact was felt nationwide, and he was an indefatigable fundraiser for public broadcasting. As a publicist, he was a devoted supporter of the Springfield Symphony Orchestra and numerous other not-for-profit artistic organizations. TALKERS publisher and local Western Mass resident Michael Harrison states, “I am proud to have been able to call Mark Auerbach a friend for the past 39 years, during which time I have come to respect and admire him as one of the finest media practitioners with whom I have had the pleasure of working. He was a champion of the arts and all that celebrates the humanities in our modern multimedia environment. He was a local giant on a multitude of levels and leaves an irreplaceable void in this part of America’s grassroots media community.” Auerbach requested no funeral services but said if people wish to do something in his memory they can make a gift to either Springfield Chamber Players MOSSO) (
“It won’t work on FM.” Country. Country was predicted to be a failing format for the FM band. At the dawn of FM proliferation in the 1970s, the future of the band was viewed with fear and skepticism. Why wouldn’t country music work on the FM band? The conventional chatter said that “country needs to be on AM because truckers drive long distances and AM signals cover long distances. FM does not.”
on Wednesday (4/30) from 8:00 pm to 10:00 pm ET. The special is being moderated by anchor Chris Cuomo, along with Bill O’Reilly and Stephen A. Smith, plus a live phone interview with the president. The program originates from New York and will showcase Trump administration officials including Health and Human Services Secretary Robert F. Kennedy Jr., alongside leaders of the Democratic Party. The town hall will be held in front of a live studio audience comprised of Democrats, Republicans, and independent voters.
Richmond to run for lieutenant governor in Virginia. Now, his opponent for the Repubican nomination – Pat Herrity – has exited the race due to health issues. Reid is an unusual candidate in that he’s openly gay but a conservative Republican who says he’s “against boys in girls’ sports and the extreme trans-agenda being forced upon our children.” Prior to his work at WRVA, Reid once served as communications chief for then-Virginia Governor George Allen. WRVA named Rich Herrera host of the morning show last month.
for change through an integrated media campaign including special on-air reports, news features, public service announcements, social media engagement, a dedicated microsite, and community partnerships.” BIN president Tony Coles says, “As a network committed to amplifying underrepresented voices, it is our responsibility to shine a light on the alarming disparities that Black women face before, during and after childbirth. This campaign is about advocacy, action, and partnership. By working with trusted community organizations and The BIN Local Roundtable, we can help raise awareness and ensure every Black mother receives the care and support she deserves.”
agreement under which Trump Jr. and Salem will work together to develop a series of high-impact promotional and growth initiatives. At the same time, Salem enters into a strategic agreement with Lara Trump to collaborate on business growth in the digital podcast space, advertiser partnerships, and content innovation. Both Trumps become significant stakeholders in Salem Media. Salem CEO David Santrella states, “These aren’t just partnerships, they’re power moves. Donald Trump Jr. and Lara Trump bring credibility, energy, and the kind of megaphone that moves markets and shapes public opinion. Their alignment with Salem signals a massive leap forward in our ability to lead the next era of conservative media. Donald Trump Jr. and Lara Trump aren’t just becoming business partners with Salem, they now also have significant ownership stakes in the company with a major incentive to grow shareholder value which in turn will drive the stock price. It’s definitely an exciting time to be a Salem shareholder.”
regulatory framework, beginning with long-overdue reforms to the national television ownership cap and the local radio and TV ownership rules. NAB president and CEO Curtis LeGeyt states, “This is a moment for bold ideas, and NAB is proud to lead the charge. The FCC’s rules should reflect today’s media landscape, not one from decades past. Our filing lays out a clear, actionable path to modernize regulations and empower local radio and TV stations to better serve their communities. We appreciate the Commission, especially Chairman Carr, for launching this important effort. Reforming outdated ownership rules is the essential first step to strengthening local journalism and ensuring broadcasters can continue to survive.”
public accounting firm for the fiscal year ending December 31, 2025 effective as of April 7, 2025. Urban One says there are no disagreements between it and Ernst & Young. Urban One does say that it reported “material weaknesses in internal control over financial reporting” that was disclosed the recent annual report, “some of which has been remediated.” The material weaknesses related to its own internal controls including insufficient information technology general controls.
These conventions used to be about making-the-most-of those towers behind radio stations that played in several rooms at home and occupied two knobs and six buttons in the dashboard. Back to the future…
Carr of “illegally targeting broadcast networks and media companies perceived to be unfavorably covering the Trump Administration – wasting critical agency resources on bogus investigations in the process.” The lawmakers are also questioning Carr’s “commitment to his agency’s independence, given his frequent trips with the president to Mar-a-Lago and his targeting of entities that the president has criticized or sued in his personal capacity.” Committee Ranking Members says that “under Carr’s leadership, the FCC has harassed CBS for routine editing practices, reinstated lawfully denied complaints against ABC and NBC, launched a bogus investigation into KCBS-AM in San Jose simply for reporting publicly available information, and directed the FCC’s Enforcement Bureau to launch investigations into NPR and PBS based on false allegations.” The Committee is requesting documents and communications “related to its investigations of media entities,” “all communications between Carr and current White House officials and between Carr and other Trump Administration officials that relate to investigations,” as well as Carr’s travel records.
sideline reporters can use their smartphones to send and receive high-quality, low-delay audio using the Comrex FieldTap app. FieldLink has pro-grade audio I/O to deliver sideline audio and allow IFB back to reporters. Setup is simple. By scanning a QR code visible on FieldLink’s front panel display, users can easily set their phones to the secure private Wifi network attached to FieldLink and make connections back to the pressbox. An additional upgrade will be available to allow FieldLink to also be your connection back to the studio. Compatible with all Comrex IP codecs, FieldLink can send and receive audio to/from the public internet, while simultaneously handling sideline reporter audio. At this year’s NAB, Comrex will also highlight new offerings for Gagl, the company’s audio subscription service that allows contributors to connect to Comrex hardware IP audio codecs using equipment such as smartphones or laptops.
Television Stations; and Peter H. Smyth, former chairman and CEO Greater Media, to its board of directors. Broadcasters Foundation chair Scott Herman comments, “We are delighted that broadcast executives of this caliber will serve on our Board. Their advocacy for our charitable mission is exemplary. Their input and ideas will help us continue to reach out to broadcasters across America to help those in our business who are in critical need.”