By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Mark Walters didn’t expect to lose private-figure legal protections over something he never talked about – especially since the thing he never talked about never even happened. A nationally syndicated radio host and outspoken Second Amendment advocate, Walters is publicly known, but in a specific lane. He never discussed nonprofits, financial misconduct, or legal ethics. Yet when ChatGPT hallucinated a claim that he had embezzled from a charity, a Georgia court ruled he was a public figure – and dismissed his defamation suit.
The logic? Walters had a platform, a following, and a history of public commentary. That was enough. The court held that his general media presence elevated him to public-figure status, even though the allegedly defamatory statement had nothing to do with the subject matter of his actual work. wasn’t defamed about what he’s known for—but his visibility was used against him anyway.
The case didn’t just shut down a complaint. It opened a wider question: who qualifies as a public figure in the modern media era – and when does that designation apply to topics you never touched?
Why Public Figure Status Matters
Defamation law protects people from false, reputation-harming statements – but not equally. A private figure needs only to show that the speaker was negligent. A public figure, by contrast, must prove actual malice – that the speaker knew the statement was false or recklessly disregarded the truth.
This high standard, first articulated in New York Times v. Sullivan, was intended to protect freedom of speech and the press. But in the age of digital publishing and algorithmic reach, it’s increasingly used to deny protection to people who never thought they were stepping into the spotlight.
What Makes Someone a Public Figure?
Courts recognize two main categories:
– General-purpose public figures are household names – people famous across all topics and platforms.
– Limited-purpose public figures are individuals who have voluntarily entered public controversy or engaged in widespread public commentary on specific issues.
Here’s where the modern problem begins.
Thanks to blogs, newsletters, podcasts, and social media, it’s easier than ever to participate in public dialogue – and harder than ever to keep that participation confined to just one topic.
Post a viral thread on immigration?
Host a weekly podcast about school choice?
Weigh in on TikTok about local politics?
You may have just stepped into “limited-purpose public figure” territory – whether you intended to or not.
The Walters v. OpenAI Case – Now the Law
In Walters v. OpenAI, the court didn’t question whether the claim was false – only whether Walters could meet the public figure burden of proof. The court held that he could not. Despite the fact that he had never discussed the subject matter in question, his general visibility was enough to require that he prove actual malice. And he couldn’t.
The decision came with no trial, no settlement – just a dismissal. It now stands as legal precedent: having a public voice on one issue may cost you private-figure protections on others.
Microphone, Meet Microscope
This shift affects:
Independent journalists
– Podcast hosts
– Niche content creators
– Local activists with modest but vocal platforms
They may not feel “public,” but courts increasingly view them that way. And once that threshold is crossed, the burden in a defamation case becomes dramatically harder to meet.
he more you speak publicly—even on one topic—the more legally exposed you are everywhere else.
That wasn’t the intent of Sullivan. But in today’s fragmented, always-on media culture, visibility leaks- and so do legal thresholds.
Final Takeaway
You don’t need to be famous to be “public.” You just need to be findable.
Whether you’re behind a mic, a blog, or a camera, your platform may elevate you into public figure status – and bring defamation law’s toughest burdens with it. If you’re defamed, you’ll have to prove the speaker acted with knowing falsehood. If you’re doing the speaking, your target’s legal classification could determine how costly a misstep becomes.
In 2025, every microphone is also a microscope. Know what the law sees before you go live.
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.
