In 1997, he pled guilty to conspiracy to distribute drugs and was sentenced to ten years in prison.
asserted
he → plead → prison
In exchange for a pardon, Keene agreed to work with the FBI as a prison informant to help gather evidence against suspected serial killer Larry Hall.
asserted
Keene → agree → Hall
Hall was ultimately convicted, and Keene's conviction was expunged.
asserted
conviction → convict → ?
Keene published a memoir recounting this experience that was subsequently adapted into an Apple TV miniseries titled "Black Bird."
asserted
that → publish → miniseries
Keene alleged that, from May 24 to June 27, 2025, at least four Google "AI Overviews" said false things about him:
- Keene was "serving a life sentence without parole for multiple convictions."
- He was "serving a life sentence without parole for the murders of three women."
- He "was convicted of drug trafficking."
uncertain
He → allege → trafficking
- He was "serving a life sentence without parole in Butner, North Carolina."
asserted
He → serve → Butner
Each AI Overview cited a Wikipedia page as the source of the information and provided a link to that page.
asserted
Overview → cite → page
However, the Wikipedia page did not contain the false statements in the AI Overviews.
asserted
page → contain → Overviews
AI Overviews 1 and 2 were seen by various family members, friends, and acquaintances.
asserted
Overviews → see → members
Keene complained to Google about the false statements on three occasions: May 27, 2025, May 31, 2025, and after June 27, 2025.
uncertain
Keene → complain → June
Google allegedly apologized to Keene after each complaint and deemed the statements errors made by its Artificial Intelligence.
uncertain
statements → apologize → Intelligence
Keene sued, and the court allowed the case to go forward as to AI Overviews 1, 2, and 4 (with one minor procedural twist as to AI Overview 4 that I'll mention below).
asserted
I → sue → that
The court held that Keene had sufficiently alleged that an ordinary reader would have understood the statements as factual assertions:
asserted
reader → hold → assertions
First, Google argues that its standard disclaimer indicates that AI Overviews are merely "starting points" using rapidly evolving technology and not statements of fact.
asserted
Overviews → argue → fact
According to Google, a disclaimer appears along with all AI Overviews warning that AI Overviews "may include mistakes."
uncertain
Overviews → accord → mistakes
However, the disclaimer Google references is not identified in the Complaint nor included in the attached exhibits.
asserted
Google → reference → exhibits
Indeed, Keene maintains that additional "test" Google searches conducted by his counsel did not include any such disclaimer.
asserted
searches → maintain → disclaimer
Whether or not a disclaimer was present is a factual dispute not to be determined at this stage.
asserted
was → determine → stage
In ruling on a motion to dismiss, the Court must accept all well-pleaded facts as true and draw all reasonable inferences in Keene's favor.
asserted
Court → rule → favor
Therefore, the Court's analysis proceeds without consideration of an alleged disclaimer.
asserted
analysis → proceed → disclaimer
Second, Google argues that users could easily verify that the AI Overviews contain false information based on the linked Wikipedia article or other search results.
uncertain
Overviews → argue → article
But Google's cited cases do not support that merely linking to a source with correct information vitiates defamation….
asserted
linking → cite → defamation
Google also cites Walters v. Openai, L.L.C. (Ga. Super. 2025), in which a journalist asked ChatGPT, an AI large language model ("LLM"), to summarize a legal document.
asserted
journalist → cite → document
The journalist intentionally sought out an LLM, had prior experiences when the LLM provided him "flat-out fictional responses," assented to an acknowledgement that responses may include "incorrect Output," reviewed multiple disclaimers regarding the potential for information that could be "misleading" or "inaccurate," and received responses stating that the LLM could not provide the desired information.
uncertain
LLM → seek → information
The court granted summary judgment in favor of the defendant in part because a reasonable reader in the journalist's position "could not have concluded that the challenged ChatGPT output communicated 'actual facts.'
uncertain
output → grant → facts
From the perspective of an ordinary user, asking an AI LLM to generate work product and receiving numerous indicia of falsity is different from a basic Google search.
asserted
asking → ask → search
In Google's own words, a Google search is meant to "connect a user most efficiently to relevant and reliable information."
asserted
search → mean → information
Although Google has now developed its own built-in AI LLM to "enhance" a search by summarizing information, an ordinary user searching "Jimmy Keene net worth" on Google is seeking factual information, not AI work product.
asserted
user → develop → information
Only after a user read the linked Wikipedia article would any contradiction become apparent, but without reason to question the AI Overviews, many ordinary users would not conduct that further research.
asserted
users → read → research
Google asserts that AI Overviews are just the "starting point" for users to "dig deeper."
asserted
users → assert → ?
To the contrary, factual statements with citations to outside sources provide contextual support that the AI Overviews are summarizing objectively verifiable facts contained therein and additional research is not required.
"
asserted
research → provide → facts
If it is plain that the speaker is expressing a subjective view, an interpretation, a theory, conjecture, or surmise, rather than claiming to be in possession of objectively verifiable facts, the statement is not actionable."
asserted
statement → express → facts
By pointing out that the statements in the AI Overviews are objectively verifiable, Google concedes the very point it is arguing against—the statements are facts….
asserted
statements → point → point
Keene didn't dispute that he was "a limited public figure regarding commentary on his own life's story," which meant that he had to adequately allege "actual malice," which is to say knowing or reckless disregard of falsity.
asserted
which → dispute → falsity
But the court said this requirement was satisfied:
asserted
requirement → say → ?
Probative evidence of recklessness includes a publisher's knowledge of serious factual inconsistencies, as well as the failure to investigate or independently verify disputed or questionable factual assertions.
asserted
evidence → include → assertions
Keene contends that he has sufficiently pled actual malice because he directly notified Google on three occasions that it was publishing false information about him.
asserted
it → contend → him
Despite this notice, Google continued to publish similar defamatory statements through at least late June 2025.
asserted
Google → continue → June
Keene further alleges that Google repeatedly acknowledged and apologized for the false AI Overviews appearing on its platform, thereby admitting awareness of their existence, yet continued to permit their publication with actual knowledge of their falsity or at minimum reckless disregard for their truth.
asserted
Overviews → allege → truth
Google argues that Keene has not adequately pled actual malice because Keene's allegations are conclusory and he does not allege that he informed the individuals at Google responsible for publishing the AI Overviews about their alleged falsity.
asserted
he → argue → falsity
…and 18 more, not listed.
The Aporia
