A newspaper ran a feature article that alleged that 10 years ago a prominent husband of a CEO, who was a famous actor, ran a gambling ring to generate money for bribes to secure contracts.  The story named the CEO and her husband by their surnames. Although the story was false, the reporter who wrote the article believed the story to be true; the newspaper used standard procedures to find that the sources that the reporter used were reliable.

As a result, the husband suffered emotional distress and became very depressed. In a suit for damages based on defamation, will the husband prevail?

 

(A) Yes, because the story was false.

(B) Yes, because the story concerned his personal private life.

(C) No, because the newspaper is protected by the First Amendment.

(D) No, because the newspaper had an absolute privilege.