The Soundbite Trap: How Editing in Radio and Podcasting Creates Legal Risk
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
In radio and podcasting, editing isn’t just technical – it shapes narratives and influences audiences. Whether trimming dead air, tightening a guest’s comment, or pulling a clip for social media, every cut leaves an impression.
But here’s the legal reality: editing also creates risk.
For FCC-regulated broadcasters, that risk isn’t about content violations. The FCC polices indecency, licensing, and political fairness – not whether your edit changes a guest’s meaning.
For podcasters and online creators, the misconception is even riskier. Just because you’re not on terrestrial radio doesn’t mean you’re free from scrutiny. Defamation, false light, and misrepresentation laws apply to everyone — whether you broadcast on a 50,000-watt signal or a free podcast platform.
At the end of the day, it’s not the FCC that will hold you accountable for your edits. It’s a judge.
1. Alex Jones and the $1 Billion Lesson
Alex Jones became infamous for promoting conspiracy theories on Infowars, especially his repeated claim that the Sandy Hook shooting was a hoax – supported by selectively aired clips and distorted facts.
The result? Nearly $1 billion in defamation verdicts after lawsuits from victims’ families.
Takeaway: You can’t hide behind “just asking questions” or “it was my guest’s opinion.” If your platform publishes it – over the airwaves or online – you’re legally responsible for the content, including how it’s edited or framed.
2. Katie Couric and the Gun Rights Group Edit
In “Under the Gun,” filmmakers inserted an eight-second pause after Katie Couric asked a tough question, making it seem like a gun rights group was stumped. In reality, they had answered immediately.
The group sued for defamation. The case was dismissed, but reputations took a hit.
Takeaway: Even subtle edits – like manufactured pauses – can distort meaning and expose creators to risk.
3. FOX News and the Dominion Settlement
FOX News paid $787 million to Dominion Voting Systems after airing content suggesting election fraud – often based on selectively edited interviews and unsupported claims.
Though FOX is (among other things) a cable network, the impact shook the media world. Broadcasters reassessed risks, host contracts, and editorial practices.
Takeaway: Major networks aren’t the only ones at risk. Radio hosts and podcasters who echo misleading narratives may face similar legal consequences.
4. The Serial Podcast and the Power of Editing
“Serial” captivated millions by exploring Adnan Syed’s murder conviction. While no lawsuit followed, critics argued the producers presented facts selectively to build a certain narrative.
Takeaway: Even without a lawsuit, editing shapes public perception. Misleading edits may not land you in court but can damage trust and invite scrutiny.
Whether you’re behind a radio microphone or a podcast mic, your editing decisions carry weight – and legal consequence.
The FCC might care if you drop an indecent word on air, but they won’t be the ones suing you when a guest claims you twisted their words. That’s civil law, where defamation, false light, and misrepresentation have no broadcast exemption.
There’s one set of rules for editing that every content creator lives by – and they’re written in the civil courts, not the FCC code.
Edit with care.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.
This decision has been most difficult for us to make in lieu of poor economic and industry conditions. We apologize for the inconvenience this will cause you and appreciate your affiliation with GCN.” GCN was launched in 1998 by Anderson and has featured a diverse line up of daily and weekend programming covering politics, finance, health, self-help, how-to and topics of general interest. At last count the network was carrying 37 hosts and programs including
NOW POSTED: This Weekend’s Installment of “The Michael Harrison Wrap: An Overview of the National Conversation.” The latest installment of the one-hour weekend special, “The Michael Harrison Wrap,” that looks back each week at the hottest topics discussed in American talk media per the research of TALKERS, is now posted. This new episode titled “Juries & Judgements” looks back at this past week of 10/10-10/14. The program features guests (in order of appearance): Kevin Casey, executive editor, TALKERS;
(Thursday, 10/27), a 2:00 pm webinar presentation of the findings from the fourth annual such report explores specific types of spoken-word content, various spoken word platforms, and devices used to consume spoken-word content. National Public Media vice president of sponsorship marketing Lamar Johnson and Edison Research vice president Megan Lazovick will take part in the live webinar. Among topics they will cover are: how spoken-word audio fits into this country’s overall landscape; how “Gen Z” listeners consume spoken-word audio; how daily spoken-word audio listeners consume audio; which devices and platforms are used to listen to spoken-word audio; and how podcasts continue to impact the growth of spoken-word audio. The report includes trending data from Edison Research’s “Share of Ear” study, which measures daily listening habits of Americans using a 24-hour diary.
Montgomery’s five-station cluster includes news/talk WLWI “News Radio 1440” and sports talk WMSP “Sports Radio 740.” Cumulus Media senior vice president of operations Mark Sullivan remarks, “I’m excited for Paula’s next leadership role in Montgomery, as she has been such a positive force in [our] company. I look forward to working alongside her as she continues her track record of delivering strong results.” Divello comments, “I’m grateful for the opportunity to lead Cumulus Montgomery [and look forward] to joining the team [there]. I look forward to working in collaboration with our great employees on our next chapter of growth and success, making a positive impact on our staff, listeners, and advertisers alike.” Divello joined Cumulus Media’s Shreveport (Louisiana) stations five years ago as director of sales. She previously had similar responsibilities for Townsquare Media Lufkin, Texas and was digital marketing manager and senior account executive for Raycom Media.
like that. I can’t understand [how] any human being would delight in torturing the parents of dead children. I don’t know how you live with yourself if that’s what you do every day.” The Connecticut Democrat called on top Republican and conservative leaders to publicly denounce Jones in the wake of Wednesday’s (10/12) jury verdict that the “Infowars” talk show host must pay nearly $1 billion to the families of children killed in the 2012 massacre at Sandy Hook Elementary School. From 2007 – 2013, Murphy represented the Connecticut district where Sandy Hook is located; he has a long relationship with the families of the victims. “I want the focus to be much more broadly than on Alex Jones,” Murphy commented. “I’m not going to change Alex Jones’ business model, but man, why aren’t there more Republicans out there condemning this guy? Why is he still invited to all of these conservative conferences until the political right decides that these conspiracy theorists, these Sandy Hook harassers, are going to be purged from the right? Somebody will replace Alex Jones, because there’s a market there for it. So the culpability here is on Jones, but it is also much more broadly on the Republican Party that continues to celebrate Alex Jones.” In 2015, – three years after the Sandy Hook killings – then-presidential candidate Donald Trump appeared on “Infowars” and praised Jones’ “amazing” reputation.
Sex! with Lila” premiered yesterday (10/13). The series explores intimacy of all kinds through a sex-positive talk show on timely, tender and taboo topics. According to Donnolo, “As a society, we’ve become aware – more than ever before – of just how much we need intimacy in order to thrive. Most of us were indoctrinated with sexual shame, and this shame is detrimental to all aspects of our lives. The world desperately needs sex-positivity now. That’s why I’m so incredibly delighted to have iHeartRadio in my corner. iHeartRadio has given me a global megaphone: To paraphrase my psychiatrist friend, I’m so excited for the world to get to hear these perspectives.” Donnolo will host a multitude of episode formats including editorialized segments; “on-the-street” style interviews; intimate one-on-one conversations; and “kiss-and-tell” storytelling. Her five-year “Horizontal with Lila” podcast of conversations about sex, love, and relationships, which concluded earlier this year, was entirely recorded while she was lying down.
Broadcasting Foundation. Hosted by ABC News “Nightline” co-anchor Juju Chang, LABF’s annual “Giants of Broadcasting & Electronic Arts” luncheon ceremony at New York’s Gotham Hall will be produced by the International Radio and Television Society Foundation. In addition to Pittman and Walters, this year’s “Giants of Broadcasting & Electronics Arts” honorees are: TV chef Julia Child (honored posthumously); Standard Media Group chief executive officer Deb McDermott; CBS Sports chair Sean McManus; multi-award winning actress S. Epatha Merkerson; E.W. Scripps president/chief executive officer Adam Symson; ; recently-retired NBC News justice correspondent Pete Williams; and CNN anchor/Washington Post columnist Fareed Zakaria. The LABF event honors creators, innovators, performers and journalists who have left an indelible mark on the field of electronic arts. Proceeds from the luncheon support the work of LABF, which includes the Library of American Broadcasting, housed at the University of Maryland.
Wyoming PBS Foundation president Rubydee Calvert is elected vice chair. Ross comments, “It’s an honor and a privilege to work with my fellow board members; CPB’s leadership and staff; and our public media colleagues in support of our mission to serve the American people in communities across the country. As a result of our combined efforts, Americans of all backgrounds support the content and services of public media.” Ross has been CPB’s vice chair since 2020 and has been on the board since 2018. Four-year board member Calvert adds, “I second Laura’s statement of commitment to the outstanding work of CPB and its support of the mission of public media. I want to thank my fellow board members and the superb CPB staff for their dedicated service to public media.”
FOX News Media Seeks Freelance Radio Anchor. This onsite position in either Los Angeles, Chicago or New York is a freelance radio anchor for the FOX News Audio family as on-air talent for FOX News Radio Network/FOX News Headlines 24/7 Sirius XM Channel 115. In this position, you will work under tight deadlines and deliver top-notch newscasts. You have a passion for breaking news and the flexibility to work on a day’s notice. Learn more about this position
Jones to pay $965 million in total damages to the families of eight victims of the Sandy Hook school shootings and an FBI agent. Additional damages covering attorneys’ fees will be determined next month. The verdict came after three weeks of testimony in a state court in Waterbury. Not sounding remorseful on yesterday’s radio show (Wednesday, 10/12), Jones railed against the jury’s decision, urging listeners to send money or buy supplements sold on his website. He stated, “They want to scare us away from questioning Uvalde or Parkland [but] we’re not going away, we’re not going to stop.” Jones actually cheered as the judge listed off millions in damages for each count. After one count was read, Jones said, “Get those numbers up.” At times he gave thumbs-up and raised his hand in the air. Jones and Free Speech Systems – parent of his Infowars content company – were held liable for defamation for spreading false stories that the Sandy Hook shootings were a hoax and the victims were actually “crisis actors,” who were following a script written by the government to build support for gun control. Fifteen plaintiffs were awarded damages in the case, one of three suits against Jones from his conspiracy theories about the shooting. The largest single award of $120 million went to Robbie Parker, whose six-year-old daughter, Emilie, was killed in the shooting. Jones spent years mocking Parker as an actor. The plaintiffs also included an FBI agent who responded to the shooting; he was awarded $90 million in damages. An earlier suit in Texas awarded one victim’s parents close to $50 million. Another case is going to the damages phase after Jones lost the suit.
Jim Bohannon is This Week’s Guest on Harrison Podcast. Longtime talk radio superstar Jim Bohannon is this week’s guest on the award-winning PodcastOne series, “The Michael Harrison Interview.” Yesterday (10/10), the radio industry was shocked and deeply saddened at the announcement by Cumulus Media’s Westwood One in TALKERS that one of its longest running, most successful and universally beloved syndicated talk show hosts would be hanging up his headphones on Friday October 14th due to health issues. It was a surprise to many – but industry insiders were already aware that this broadcasting legend was suffering from an advanced case of esophageal cancer… and the prognosis was increasingly grim. His career that spanned more than five decades including the past 30 as host of his solid late-night syndicated show is one of the greatest of all time. His achievements include induction into the NAB Broadcasting Hall of Fame, the Radio Hall of Fame, and the Missouri Broadcasters Association Hall of Fame. He has received the First Amendment Award from the Radio-Television Digital News Association and the Lifetime Achievement Award from TALKERS magazine; along with numerous other awards and honors. Michael Harrison interviewed Jim Bohannon this past Sunday (10/9) afternoon. It is candid, compelling and will no doubt be a historic audio document capturing a dramatic slice of radio history and culture – as well as deep insights into the human condition. After recording the interview and podcast, Michael Harrison stated, “It is with profound sadness and love that I have the honor of presenting this interview to the public.” Not to be missed! To listen to the podcast in its entirety, please click
have honored individual talent and exemplary programming created by women, for women, and about women in radio, television, and digital media in news and entertainment. AWMF president Becky Brooks comments, “We are more committed than ever to honor the remarkable work by so many in our creative community. As our most important fundraiser of the year, the Gracies enables the Foundation to deliver on its promise to further the connection, education and recognition of women in media.” The 2023 Gracie Awards co-chairs are: The Weiss Agency executive vice president Heather Cohen; McVay Media Consulting president Mike McVay; and Hallmark Media chief communications officer Annie Howell. Emmy winner Vicangelo Bulluck has produced the Gracie Awards since 2016 and will return in that capacity for the 2023 awards. Entry eligibility air dates are January 1, 2022 through December 31, 2022; deadline for all entries is January 12, 2023 at 11:59 pm (ET).
United States, Barack Obama, visits his former aides Jon Favreau, Jon Lovett, Dan Pfeiffer, and Tommy Vietor for an interview that airs tomorrow (Friday, 10/14) at 7:00 pm as an episode of Sirius XM’s “Crooked Radio” (SiriusXM Progress). It will then be issued Saturday as a podcast. The former President’s “Pod Save America” appearance will be replayed tomorrow night (Friday, 10/14) at 9:00 pm and throughout the weekend. It will be his first on the show in exactly two years (10/14/2020). … Following a 24-year tenure at Los Angeles’ KNX “News 97.1 FM,” morning co-anchor/senior political correspondent Dick Helton (pictured at right) will retire tomorrow (Friday, 10/14) from the Audacy facility. Prior to joining KNX, Helton
spent 29 years anchoring in Chicago at co-owned/similarly-formatted WBBM-AM. … Per a report in The Lincoln Journal-Star, Damon Benning succeeds Matt Davison as analyst on University of Nebraska football radio broadcasts. Formerly a host on NRG Media Omaha sports talk KOZN “1620 The Zone,” Benning played for the Cornhuskers from 1992 – 1996. Davison had been a Nebraska analyst the past 19 years. … As part of an intra-Pennsylvania transaction, 34 full-power stations and 12 translators in five “Keystone State” markets are changing hands. Forever Media is the seller; Kristen Cantrell’s Southern Belle Media Family/Seven Mountains Media Family is the buyer. Among stations being sold include: sports talk WQWK, news/talk WRSC, W279DK, and W227DV (all in the State College market); Altoona market news/talk WFBG; news/talk WNTJ, W230BK, and W283CX, and news/talk WNTI (all in the Johnstown market); news/talk WMGW, W264DK, news-talk WTIV and W287DC, and news/talk WFRA and W251CL (all in the Meadville-Franklin market) news/talk WKST, W250CW, and W248DJ (all in the New Castle market); and Lebanon market news/talk WLBR. The complete transaction is for $17.375 million in assumption of promissory notes to Kerby E. Confer, the Judith M. Confer Irrevocable Trust, and Confermation, LLP. Kerby E. Confer is Kristen Cantrell father.
Workhouse Media; Dat Dude Entertainment; and Jam Street Media, “More To It With Marcellus Wiley” will drop next Tuesday (10/18) on The Dan Patrick Podcast Network. Former co-host of FS1’s “Speak For Yourself” and ESPN’s “SportsNation,” all-pro defensive end Wiley played ten seasons in the NFL for four different teams. Patrick opines, “Marcellus’ frequent appearances on my show always stood out because he never showed up with cliché comments. He’s never been boring and I love that he brings something new to every conversation. I’m looking forward to listening to his new show and thrilled that he’s officially part of our family.” Wiley notes, “I’m honored to work with the legendary trailblazer Dan Patrick, whose path of success perfectly embodies the title of this podcast. I’m so excited to share these amazing journeys of perseverance and success with the world to inspire the inner power we all possess.” Wiley’s podcast will feature conversations with athletes, entertainers, and people with surprising stories that prove there’s more to everyone’s reality than meets the eye. It kicks off with an interview with rapper Lil Wayne. Future scheduled guests include Anthony Anderson, Charles Barkley, Snoop Dogg, Andrew Yang, Deion Sanders and Ben Horowitz.
Andrew Devall, presidents of Texas entities Falls Media and Q-Media Group, respectively, wrote they “were entirely unaware of our participation in this proceeding and did not knowingly consent to having our name included on such filings. We are relatively small radio broadcast operators with enormous demands on our limited time and resources. In general, we do not have the bandwidth to personally monitor activities at the FCC. Given this highly unusual circumstance, [we] respectfully request that the Commission remove the prior filings indicating our support for GBS’s requested rule change from the record.” According to Colorado broadcasters Scott Poese (Ranchland Broadcasting) and Warren Epstein (Pikes Peak College), comments filed under their names “do not accurately reflect our views. Contrary to what the comments indicate, [we] do not support the GeoBroadcast Solutions petition or believe it would benefit our stations or the public.”


































