Denzel is walking on Wall Street dressed in a business suit and tie and carrying a briefcase. As Denzel makes his way to the stock exchange, a New York Times photographer snaps Denzel's picture. The photo appears in the next addition of the New York Times with a caption that reads, "The Rise of the Black Middle Class." Denzel, who does not consider himself to be a member of the middle class, is offended by the picture and sues the newspaper. In a suit for false light, Denzel will probably:

A photographer for the New York Times takes a picture of Derek and Bernie as they are walking down 42nd street. The picture appears in the next edition of the newspaper with a caption that reads "How Young New Yorkers Relax after a Long Day in the City". In the background of the picture, but visible to anyone looking at the picture, are several adult bookstores and peep shows. In fact, Derek and Bernie have just emerged after spending the afternoon in the "Home Run" adult theater. In an action against the New York Times for invasion of privacy, Bernie and Derek would most likely: