Industry News

OpenAI Seeks Dismissal of Defamation Suit

Artificial Intelligence firm OpenAI has filed a Motion to Dismiss the defamation suit filed against it by talk show host Mark Walters, who hosts radio programs produced by his CCW Broadcast Media company. TALKERS reported the suit by Walters back on June 9 in which Walters claims the use of OpenAI’s ChatGPT by journalist Fred Riehl that created content stating the Walters was accused of embezzling funds from the Secondim 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 draft content for the user’s internal benefit is not ‘publication.’”

Industry News

Radio Host Mark Walters Suing OpenAI for Defamation

Talk host Mark Walters, who produces and hosts Second Amendment-themed radio programs via his CCW Broadcast Media company, is suing OpenAI in a Georgia Superior Court claiming that OpenAI’s ChatGPT created a false case alleging that Walters embezzled funds from theim 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. Read the New York Post’s story here.

Industry News

AZ Supreme Court Dismisses Suit Against KFYI’s James T. Harris

As reported by Tucson.com, the defamation suit filed against KFYI-AM, Phoenix talk host James T. Harris by failed Republican U.S. Senate candidate Daniel McCarthy has been dismissed by the Arizona Supreme Court. Harris hosts “The Conservative Circus” program on the iHeartMedia news/talk station. Harris was critical of McCarthy on his radio program in the wake of a local State Capitol rally that took place after the 2020 elections. McCarthy claimed that Harris uttered nine statements that qualified as slander in a suit first allowed to go forward by a Phoenix trial court judge. Harris and iHeartMedia appealed, arguing the case should be dismissed as Harris’ statements “were rhetorical hyperbole incapable of being proved false and protected by the First Amendment, and were therefore not actionable.” The State Supreme Court agreed unanimously. Justice William Montgomery wrote, “Under the First Amendment, apparently factual statements must be considered in light of the nature in which the speaker uttered them and the relationship of the statements to the overall context. Here, the nature of the words is colored by the context of an overtly political talk show.” But he also stated, “We do not suggest that the First Amendment provides categorical protection to anything that may be said on a political talk show,” adding a ruling from another case saying, “Candidates cannot make defamatory assertions they hope voters will believe, then, when sued for defamation, seek refuge in the defense that no one believes what politicians say.” Read the full story here.

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Wednesday, September 14, 2022

WIBC-FM, Indianapolis Personality Rob Kendall Sues Political Activist for Defamation. WIBC-FM, Indianapolis late morning personality Rob Kendall is suing conservative political activist Gabriel Whitley, Spencer McDaniel, and Young Conservatives of Southern Indiana for defamation after the group posted comments on Facebook in which they refer to Kendall as “Pedo Rob,” implying that he’s a pedophile. The Evansville Courier & Press reports the story, noting that Whitley is a declared candidate for mayor of Evansville. Kendall co-hosts the late morning program on Radio One’s WIBC-FM with Casey Daniels. Kendall is being represented by fellow WIBC personality Abdul Hakim-Shabazz. McDaniel says the Facebook page is a satire page and as such is protected speech. He says, “Gabriel Whitley had no part in this, I run the page but it was a joke and I take full responsibility for the joke. We will win and all charges will be dropped.” The suit states, “The satiric effect emerges only as the reader concludes by the very outrageousness of the words that the whole thing is a put-on.” Hakim-Shabazz says that “the context of the post does not allow a reasonable reader to think the defendant’s words were a ‘put on.’” Kendall is seeking $50,000 in damages, punitive damages as the court deems proper,  attorney fees and court costs, and other relief the court deems proper.

Comrex Unveils New Remote Contribution Solution. The new cloud service for remote, on-air or production contribution from Comrex is called Gagl, and it allows between one and five users to send and receive audio from computers and smartphones. Each user receives their own mix-minus to hear other connected guests, and the Gagl audio is delivered to a Comrex hardware codec (such as ACCESS or BRIC-Link, usually in a studio). All participants can hear other participants and the codec “sends” audio back to them. Comrex says that participants can connect and send audio by simply clicking a link using any common web browser. Gagl is designed to be used with consumer grade equipment, so contributors only need a device and a headset to get on the air. Gagl uses the Opus audio encoder, with a bit rate that delivers both voice and music in excellent quality. Gagl also delivers audio directly to a Comrex codec with all the stability enhancements, pro-grade audio connections, and features that hardware codecs provide. The simple user interface makes it easy for users with any level of technical experience to use. Comrex adds that Gagl could be used as the hub for a news program or for a morning radio show to support multiple simultaneous contributor connections. Because it offers low latency, it’s appropriate for call-in talk radio. Gagl could also be used to allow a single contributor to connect back to the studio from a computer or smartphone. Gagl works with Comrex hardware IP audio codecs including the AES67-compatible ACCESS NX Rack IP audio codec and ACCESS MultiRack multi-channel IP audio codec as well as the BRIC-Link series. Find out more about Gagl here.

Edison Research: Spotify Takes Over as Top U.S. Podcast Network. The latest Q2 2022 data from Edison Research’s ranking of the Top Podcast Networks in the U.S. reveals that Spotify, SXM Media, and iHeartRadio take the top three spots, respectively. Spotify surpassed SXM Media’s weekly reach by a tiny margin. Edison’s ranking is based on surveys of 8,000 podcast listeners in the U.S. and measures reach as a percentage of the weekly podcasting audience. Rankings are compiled by measuring the total unduplicated reach of all the shows represented by a given network. See the complete list of the top 30 podcast networks here.

Podtrac: iHeartRadio Top Podcast Publisher for August 2022. The ranking of top podcast publishers from Podtrac has been released for August and, based on Unique Monthly Audience, iHeartRadio is ranked #1 with more than 35.5 million UMA for its 689 active shows. Wondery is ranked #2 (24.5 million UMA) for 204 shows, and NPR comes in at #3 (19.7 million UMA) for 49 shows. See Podtrac’s entire chart of the top 20 podcast publishers for August 2022 here.

Brian Kilmeade in Albany. Pictured above is FOX News Channel and FOX News Radio star Brian Kilmeade (center) on stage at The Egg Performing Arts Center in Albany on September 8. With him is FOX News Channel producer Alyson Mansfield (left) and news/talk WGDJ, Albany owner Paul Vandenburgh (right). Kilmeade’s radio program is heard from 10:00 am to 12:00 noon on WGDJ.

KFAN’s Dan Barreiro to Be Enshrined in Hall of Fame. Longtime Twin Cities sports talk personality Dan Barreiro – host of “Bumper to Bumper with Dan Barreiro” and “Sunday Sermons with Dan Barreiro” – is being honored this Saturday (9/17) at the Minnesota Broadcasting Hall of Fame Induction Ceremony. Barreiro was a sports columnist at the Star Tribune for 17 years. He joined iHeartMedia’s KFXN-FM, Minneapolis “KFAN 100.3” in 1992. iHeartMedia Minneapolis market president Greg Alexander says, “Dan epitomizes the make-up of a tremendous talk show in the Twin Cities. He puts together compelling interviews and has the ability to break down any and every topic to entertain our listeners. He is a true talent.” Market SVP of programming Gregg Swedberg adds, “There isn’t a radio personality who has had the kind of ratings success over the last three decades that Dan Barreiro has. He has done it by hosting intelligent, entertaining, and compelling radio. He’s more than the ‘Big Ticket,’ he is the blueprint.”

Audacy’s I’m Listening Mental Health Campaign to Produce Sixth Annual Special Program. The ongoing mental health public service campaign from Audacy includes the two-hour audio program, “I’m Listening,” once again co-hosted by Carson Daly and by Dr. Alfiee M. Breland-Noble. Each year, Audacy activates “I’m Listening” through national campaigns featuring artists, celebrities, and athletes who share their experiences with mental health. Partnering with the American Foundation for Suicide Prevention, these events help raise awareness and support of issues that we all face in our daily lives. Guests on this year’s program will include: Carrie Underwood, Ed Sheeran, Adele, Vice President Kamala Harris, Lizzo, Ricky Williams, Maren Morris, Charlie Puth and Stephen A. Smith, who will share personal mental health stories. The special airs nationwide on Wednesday, September 21 from 6:00 pm to 8:00 pm local time across more than 230 Audacy stations and will be live streamed via its digital app and website. Also, returning to the Hollywood Bowl for its ninth year, the star-studded concert “We Can Survive” takes place on Saturday, October 22 with featured acts including Alanis Morrisette, Garbage, Halsey, OneRepublic, Weezer and more.

Trumps vs DOJ, Inflation/Financial Markets/Railroad Strike, Lindell Search Warrant, Russia-Ukraine War, British Royalty, Musk-Twitter Case, and Ken Starr Dies Among Top News/Talk Stories Yesterday (9/13). Former President Donald Trump’s battle with the Department of Justice over its investigation into documents he kept at Mar-a-Lago; the still rising rate of inflation, Tuesday’s financial markets beating, and the looming railroad strike; MyPillow founder Mike Lindell has phone taken by FBI in warranted search; Ukraine’s retaking of territory from Russian forces; the royal family’s activities in the aftermath of Queen Elizabeth’s death; the court battle between Elon Musk and Twitter over his canceled acquisition bid; and former special prosecutor Ken Starr dies were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS magazine.

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Wednesday, August 3, 2022

Testimony in Damages Phase of Alex Jones Sandy Hook Case in Texas Wraps. Plaintiffs in the Texas suit against InfoWars chief Alex Jones had won their defamation case and yesterday testimony in the damages phase of the trial wrapped up. They are seeking compensatory and punitive damages of $150 million for Jones’ false claims that the Sandy Hook school massacre was a staged event and their children were “crisis actors.” Plaintiffs testified that they have been threatened and harassed for years by Jones’ followers. The case, reported here by CNN, is being complicated by Jones’ attempt to file for bankruptcy for his Free Speech Systems (parent of InfoWars) which plaintiff attorneys claim is an attempt to hide his money from the courts. Plaintiff attorneys also say that Jones has drawn $62 million in assets from Free Speech Systems over the past two years in an attempt to hide assets from the courts. Jones was also found liable for damages in a Connecticut court and jury selection for the damages phase of that trial began yesterday.

Wayne Allyn Root Expands Television Presence. Las Vegas-based talk host Wayne Allyn Root, host of the “Wayne Allyn Root: Raw & Unfiltered” program syndicated by USA Radio, announces he’s launching a new, daily video program on the Mike Lindell TV platform. The program is to broadcast at 7:00 pm ET and is tentatively set to start on August 15. Root also promises another new show – a video and audio podcast – to be announced in the near future. He comments, “Why is my brand exploding? The American people have woken up. They want real news and raw truth. I hold nothing back. I just give my opinions and tell raw truth. I don’t sugar coat it or worry about who I offend. Truth is truth. That’s the only way we’re going to save the greatest nation in world history, ever blessed by God. With truth, action and courage.”

TALKERS News Notes. The Newsmax-syndicated “Rob Carson Show” adds new affiliates as WJFN-AM, Norfolk, Virginia (part of the John Fredericks Radio Network) puts the program in the 12:00 noon to 3:00 pm daypart. Also, Lotus Communications KVI, Seattle adds “The Rob Carson Show Weekend” program to its Sunday schedule. Newsmax launched the program into syndication 10 months ago and it is now heard in 19 markets across the country…..Milwaukee talk radio host Dr. Ken Harris is of three radio personalities among the numerous journalists and broadcasters who will serve as a members of the broadcast team for the Wisconsin Broadcasters Association’s debates for the state’s gubernatorial and senate races. The organization has been producing the debates for the past 32 years. Dr. Harris is the afternoon host at Good Karma Brands’ talk WGKB-AM/W269DL, Milwaukee. Also on the team is Brad Williams, anchor/reporter at Mid-West Family’s news/talk WIZM-AM, La Crosse and Jonathan Krause, director of multimedia journalism at Woodward Radio Group in Appleton.

INTERESTING – A Talk Radio Listener Wrote to TALKERS on Facebook: “Can I give your industry a clue? Lots of people still listen to the radio every day at work. You think because nobody calls the station anymore that you have no listeners. Businesses nowadays have all their employees under video surveillance and if they see you on the phone you are subject to disciplinary action. We still hear you, but we can no longer interact with you.”

RIP Vin Scully. In recognizing the passing of the legendary Dodgers play-by-play man, consultant Holland Cooke writes: “He was the voice of the Dodgers, from Jackie Robinson to Clayton Kershaw. Though LA listeners knew him best, fans everywhere remember his historic World Series calls. 1988 Game 1 was one for the ages. Working solo for decades as two- or three-voice broadcast teams became the norm, Vin Scully sounded like he was watching the game sitting next to you. The Athletic called him ‘the solitary voice emanating over the airwaves. He was renowned for his spellbinding monologues, his folksy wisdom and his sense of the moment — some of Scully’s most famous calls revolved around silence, his usage of the crowd to tell a story that words could not justify.’”

Public Radio Syndication Pioneer Larry Josephson Dies at 83. The Washington Post has the obituary here for longtime public radio personality, producer and syndicator Larry Josephson, who passed away on July 27 at age 83. A computer engineer by trade, he joined the volunteer staff at fledgling public radio outlet WBAI, New York in the mid-1960s. He quickly transitioned to the morning drive host. As the Post notes, Josephson “went on to create five decades of public radio programs, reviving the popular and influential “Bob & Ray” comedy team for a new generation of fans, hosting a nationally syndicated series of discussions between conservative thinkers and an argumentative but charming liberal (himself), and producing marathon readings of James Joyce’s Ulysses and a documentary history of the Jews.” He built a radio studio in a bedroom of his Upper West Side apartment from which he would produce his own shows and a number of other public radio programs.

Pelosi Taiwan Visit, Midterms/2024 Presidential Race, Abortion Laws, The Economy, Russia-Ukraine War, and Vin Scully Dies Among Top News/Talk Stories Yesterday (8/2). House Speaker Nancy Pelosi’s visit to Taiwan and China’s reaction; the primary races for the November midterm elections and speculation over the nominees for president in the 2024 race; the abortion laws being enacted in various states in the aftermath of the overturning of Roe v Wade; the high price of gasoline and food and the ManchinSchumer authored Inflation Reduction Act; Russia’s ongoing invasion of Ukraine and the global economic impact; and legendary Los Angeles Dodgers broadcaster Vin Scully dies were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS magazine.  

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Thursday, April 7, 2022

‘The Jimmy Malone Show’ to Debut on WTAM, Cleveland. Morning drive radio host Jimmy Malone – whose eponymous program airs on iHeartMedia’s sports talk WARF-AM “FOX Sports 1350 AM The Gambler” from 6:00 am to 9:00 am begins hosting a daily one-hour show on sister news/talk WTAM “The Big One” that will air from 9:00 am to 10:00 am on April 12. The show takes the place of the one-hour “Geraldo in Cleveland” program that had been airing in the slot for the past four years. iHeartMedia says Malone will host conversations with politicians, community and business leaders, journalists and more, all with the goal of making a difference in Northeast Ohio. In addition, Malone will feature fun and entertaining segments including his signature feature, “Knuckleheads In The News.” The program will feature veteran producer Rob Rozycki and contributor Cache Roberts. iHeartMedia Cleveland SVP of programming Keith Kennedy says, “We’re thrilled to launch ‘The Jimmy Malone Show’ on WTAM. Jimmy is a passionate talk show host, a generous philanthropist, and lover of all things Cleveland. We are thrilled to add yet another powerful local voice to a station that means so much to the community.” Malone was a co-host on WMJI-FM, Cleveland’s morning show from 1991 through 2021 when he left that show to launch his WARF program. He says, “I’m thrilled with the opportunity to connect with the WTAM audience. WTAM is the news and information leader in the market, and it’s humbling to have the opportunity to join such a legendary radio station. I simply can’t wait to get started.”

 

Bruce St. James Exits WLS-AM, Chicago. According to a story by Chicago media writer Robert Feder, Cumulus Media news/talk WLS-AM and morning drive host Bruce St. James have parted company after 16 months. St. James, who’s worked much of his career in Arizona, took over the morning program from Erich Mancow Muller. St. James posted the following to Facebook: “Arizona, I’m coming home. Chicago is an amazing city and I truly enjoy it here (even with the snow!), but for a variety of reasons I need to be back in the Valley.” For now, Ramblin’ Ray Stevens will host mornings along with contributor Judy Pielach until the company names a permanent morning program for the station.

 

Alex Jones Sits for Deposition in Sandy Hook Suit. Several days after Connecticut Superior Court Judge Barbara Bellis ruled that talk media figure Alex Jones was in contempt of court for failing to sit for depositions in the complaints against him by several families who lost loved ones in the Sandy Hook School shooting, Jones sat for depositions on Tuesday and Wednesday of this week, according to a report by NBC News. The story indicates that Jones, who was being fined $25,000 per day for each day not sitting, paid a fine of $75,000 prior to the deposition. Jones’ attorney said that Jones didn’t sit because he was under doctor’s orders to stay home and avoid stress, but the attorney also admitted that Jones left his home to record his programs. This week’s depositions were for a looming trial that will determine how much Jones pays the eight families of victims suing him. Last year, Jones was found guilty of defamation when the families of the victims were harassed and threatened after Jones’ broadcasts accused them of being “crisis actors” even though he knew the 2012 massacre was real.

 

iHeartMedia and KFI, Los Angeles Launch Season 2 of ‘Unsolved with Steve Gregory.’ The second season of the weekly, true crime podcast “Unsolved with Steve Gregory” launches on iHeartMedia’s news/talk KFI, Los Angeles and on the iHeartRadio platform. The series – hosted by KFI national correspondent Steve Gregory (pictured here) – features cold cases, challenging cases, missing persons, and high-profile criminals. iHeartMedia says it is one of the most successful in Los Angeles Radio, with more 59,000 podcast downloads in the first month. It also airs on KFI Saturdays from 8:00 pm to 10:00 pm. It is produced by Gregory, Jacob Gonzalez and digital producer Andro Mammo. In season one, Gregory explored cases like the unsolved murder of Mark Leonard, the father of NBA superstar Kawhi Leonard. In addition, Gregory also observed the 75th Anniversary of the Black Dahlia, the most notorious unsolved case in the history of the LAPD. In season two, Gregory will focus on the case of a missing man who owned his own video music production company and was known for working with members of both the Crips and the Bloods – two of the most well-known gangs in the United States. The man also grew up in Compton with childhood friends and hip-hop artists Kendrick Lamar and Jayceon Taylor, a.k.a. The Game. Season two will also explore the science of forensics, including a medical examiner, a cybercrimes detective, and a drone pilot who searches for mass graves.

 

SportsMap Radio Network to Launch ‘Journey Through Life and Sports.’ A new program is launching on April 22 at 7:00 pm ET on the SportsMap Radio Network titled, “Journey Through Life and Sports.” SportsMap says the show is a roundtable interview show, “taking listeners on journeys through the lives of sports and entertainment professionals. The program will focus on the role that sports has had in building the legacies and the opportunities to inspire future generations.” The show is hosted by multi Emmy award-winning sports anchor and broadcast journalist Scott Murray; award-winning sportswriter (and the first female Dallas Cowboys beat writer) Marjorie Herrera Lewis; and CEO, inspirational speaker, author, and philanthropist Marnie Schneider. The three say, “We’re looking forward to sitting at the table with our well-known guests, sharing their wisdom with our listeners, as we engage in conversation that takes us back in time with sports favorites. Why did a Hall of Famer take up football? Why did a tennis player defect from her country to build a career and life in the U.S.? We anticipate listening to the unforgettable stories of iconic athletes as they share their great legacies with moments our listeners have likely never heard before.” Pictured here is the program’s first guest, Cowboys great Drew Pearson (left) with (from l-r) Lewis, Schneider, and Murray.

 

CORRECTION: In the April 5 edition of TALKERS, we published a story about The Spectator Washington editor Amber Athey being fired from WMAL-FM, Washington for a tweet critical of Vice President Kalama Harris that Cumulus said violated its social media policy. In our story, we wrote that Athey said Harris’ brown pant suit worn during the State of the Union Address made her look like a Hershey chocolate bar. In truth, Athey wrote that others made the comparison. Athey wrote that Harris “looks like a UPS employee.” TALKERS regrets the error.

 

TALKERS News Notes. The city of Charlotte and Mecklenburg County, North Carolina, are proclaiming April 10, 2022, as WBT Day in recognition of News Talk 1110 & 99.3 WBT’s 100th anniversary. Also, various Charlotte organizations will light the Charlotte skyline that night in the station’s colors of red, white and “WBT Blue.” As the third radio station officially licensed by the U.S. Department of Commerce and the first in the Southeast, WBT has served the city of Charlotte, Mecklenburg County, North Carolina, and listeners “From Canada to Cuba” since April 10, 1922. WBT program director Mike Schaefer says, “Quite simply, we are humbled and honored. Recognition by the city and county of this unique milestone, and their proclamations of WBT Day means everything to the 25 team members of WBT, and to the over 100 hard-working members of our extended Radio One Charlotte family.”…..FOX Nation is debuting a new series hosted by award-winning actor, producer and director Kelsey Grammer titled, “Kelsey Grammer’s Historic Battles for America” on May 1. The series will take viewers on an inside look at eight key battles that left an indelible mark on this nation, spanning the American Revolution, the Texas Revolution, the Civil War, and the American Indian Wars. FOX Nation president Jason Klarman says, “Kelsey is a legend in the entertainment industry, and we are proud to bring his talents to our platform with ‘Kelsey Grammer’s Historic Battles for America.’ His affinity for our nation’s history and charismatic delivery will provide FOX Nation subscribers with an entertaining yet educational viewing experience they can’t get anywhere else.”…..Paul Martin is named chief of development for Hope Media Group. Currently serving as senior partner at DickersonBakker, Martin brings decades of experience in donor development and business development in both radio and digital media. WAY Media and Hope Media Group announced earlier this year their intent to merge into one media organization. Company CEO Joe Paulo says, “Paul possesses the perfect mix of leadership, experience, and knowledge we’ve been looking for to lead the revenue-generating strategies for the newly merged Hope Media Group. His heart for God and passion for why we exist is obvious, and contagious. Our bright future just got even brighter with Paul joining our leadership team, and I could not be more excited.”

 

Russia-Ukraine War, Gas Prices/Inflation, Hunter Biden Investigation, Midterms/Trump & the GOP, Jackson Confirmation, January 6 Investigation, COVID-19, Elon Musk & Twitter, Severe Southeastern Weather Among Top News/Talk Stories Yesterday (4/6). Russia’s ongoing invasion of Ukraine, the allegations of war crimes by Russian soldiers in Bucha, and the new economic sanctions that include targeting Vladimir Putin’s daughters; high gas and food prices and Wednesday’s testimony before Congress by big oil executives about oil prices; the DOJ’s investigation of Hunter Biden’s international business dealings; the battle for control of Congress in November’s midterm elections and Donald Trump’s influence over the GOP; the confirmation vote for Supreme Court nominee Ketanji Brown Jackson; the first January 6 participant to be charged and found not guilty and Ivanka Trump’s testimony before the January 6 committee; the relaxation of COVID-19 restrictions and concerns about the Omicron BA.2 variant; Elon Musk becomes the largest Twitter shareholder and gets a seat on the board; and the severe weather doing damage across the Southeastern U.S. were some of the most-talked-about stories on news/talk radio yesterday, according to ongoing research from TALKERS magazine.