When AI Speaks, Who’s Accountable?

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Legal Group, Senior Partner
Goodphone Communications, Executive Producer
New laws may hold AI companies responsible, but regulating machine-generated speech presents risks of its own.
Florida recently sued OpenAI and CEO Sam Altman, alleging that they marketed ChatGPT while concealing known safety risks. California has taken a different approach: a company accused of causing harm cannot defend itself simply by saying the AI acted autonomously. Neither development guarantees liability, but both signal that “the AI did it” may no longer work as a legal escape hatch.
That sounds sensible. An AI model cannot pay damages, carry insurance, exercise professional judgment, or go to jail. If a company releases a system, profits from it, and markets it as useful or reliable, the law should at least ask what the company knew, promised, and reasonably could have prevented.
Mark Walters – host of Armed America Radio – learned how difficult that can be. ChatGPT falsely reported that he had been accused of embezzling money from a gun-rights organization. Walters sued OpenAI for defamation, but a Georgia court granted the company summary judgment in 2025, finding insufficient evidence that OpenAI knew the output was probably false. The machine was wrong; the legal remedy failed.
The harder question involves speech. Colorado adopted requirements intended to prevent discriminatory automated decisions, prompting AI to sue on First Amendment and equal-protection grounds. The Federal Trade Commission has now suggested that secretly steering a model away from the accurate or objective answers users expect could itself constitute consumer deception.
This presents a genuine slippery slope. Government should protect people from fraud, defamation, discrimination, dangerous products, and nonconsensual deepfakes. It should not acquire a broad power to decide what an AI system must identify as “truth,” particularly in areas involving politics, history, public policy, or contested scientific opinion.
For broadcasters and content creators, the immediate lesson remains familiar. AI may assist with research, writing, editing, and production, but it does not inherit responsibility for the finished product. The person or company that publishes the words still needs to verify them, while the companies building the machines should not escape scrutiny merely because no human typed the final sentence.
Accountability should follow control, knowledge, and profit. The challenge will be imposing that accountability without turning AI regulation into government supervision of lawful speech.
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@HarrisonLegalGroup.com or read more at TALKERS.com.



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.
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.
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Observation, as a heavy CNBC viewer: Artificial Intelligence is to 2025 what Dot Com was to the late 1990s, game-changer… and shiny object.
I asked ChatGPT: “Vendors are now offering radio stations a service that delivers advertising commercial copy generated by AI. Because AI draws from what’s already been done, this risks sound-alike scripts. Is there a list of commercial clichés users should instruct AI to exclude?”
stating the Walters was accused of embezzling funds from the Second Amendment Foundation defamed him. No such accusation ever actually took place. In its Motion to Dismiss, Open AI argued several points, including that Georgia is not the proper jurisdiction, but it summarized its argument that Walters’ claims didn’t meet the burden of defamation when it said, “Even more fundamentally, Riehl’s use of ChatGPT did not cause a ‘publication’ of the outputs. OpenAI’s Terms of Use make clear that ChatGPT is a tool that assists the user in the writing or creation of draft content and that the user owns the content they generate with ChatGPT. Riehl agreed to abide by these Terms of Use, including the requirement that users ‘verify’ and ‘take ultimate responsibility for the content being published.’ As a matter of law, this creation of draft content for the user’s internal benefit is not ‘publication.’”
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Amendment Foundation defamed him. No such accusation ever actually took place. In its Motion to Dismiss, Open AI argues several points, including that Georgia is not the proper jurisdiction, but it summarizes its argument that Walters’ claims don’t meet the burden of defamation when it says, “Even more fundamentally, Riehl’s use of ChatGPT did not cause a ‘publication’ of the outputs. OpenAI’s Terms of Use make clear that ChatGPT is a tool that assists the user in the writing or creation of draft content and that the user owns the content they generate with ChatGPT. Riehl agreed to abide by these Terms of Use, including the requirement that users ‘verify’ and ‘take ultimate responsibility for the content being published.’ As a matter of law, this creation of
Second Amendment Foundation. The complaint states that journalist Fred Riehl was researching the case of The Second Amendment Foundation v. Robert Ferguson and asked ChatGPT to provide a summary of that complaint and received one that stated the suit’s plaintiff is Second Amendment Foundation founder Alan Gottlieb who accuses Walters as treasurer and chief financial officer of embezzling funds. Walters says, and Gottlieb confirms, that he didn’t serve in either position and didn’t steal anything. In the AI world, false text from services like ChatGPT are called “hallucinations.” As with any defamation case, Walters will have to prove he’s suffered damages, but this case will be interesting to watch as it appears to be the first such legal case involving the work of AI.
How will AI tools like ChatGPT impact the way we work? The clues are everywhere. Several client stations have automated weather, and even with your consultant’s trained ear, I had to ask. And yes, she’s a robot.
I asked ChatGPT, “What IS ChatGPT?”