A salesman in a highly visible and competitive field went to the police station to post bond for his son, who had been arrested for possession of a small quantity of narcotics. A photographer for the local newspaper who was at the police station took a picture of the salesman flanked by two bulky police officers. The photo, which looked like the pictures of alleged criminals being taken into custody, ran on a quarter of the front page because it was a slow news day. The photo was accompanied by a very small caption giving the salesman's name and stating that his son had been arrested for possession of narcotics. The salesman's boss was hypersensitive about the reputation of his company and fired the salesman after he saw the picture in the newspaper. If the salesman brings an invasion of privacy action against the newspaper, what is the most likely basis