Kenneth Zeran brought a negligence action against America Online, Inc. (AOL), alleging that AOL unreasonably delayed the removal of defamatory messages posted by an unidentified third party. Zeran was a hoax victim whose business telephone number appeared on an Internet electronic bulletin board, advertising items that featured slogans glorifying the Oklahoma City bombing.

After Zeran sued AOL, he also sued a radio station, owned by Diamond Broadcasting, Inc., for defamation, false-light invasion of privacy, and intentional infliction of emotional distress. He argued that the station violated Oklahoma law when it read Zeran's telephone number over the air and encouraged listeners to call him. Was Zeran able to hold Diamond Broadcasting, Inc., liable for its role in the hoax?