Irwin Schiff is a self-styled ‘‘tax rebel'' who has made a career, and substantial profit, out of his tax protest activities. On February 7, Schiff appeared live on CBS News Nightwatch, a late-night program with a viewer participation format. During the broadcast Schiff repeated his assertion that nothing in the Internal Revenue Code stated that an individual was legally required to pay federal income tax.

Schiff then challenged, ‘‘If anybody calls this show-I have the Code-and cites any section of this Code that says an individual is required to file a tax return, I will pay them $100,000.'' Call-in telephone numbers were periodically flashed on the screen. John Newman, an attorney, did not see Schiff's live appearance on Nightwatch.

Newman did, however, see a two-minute videotaped segment, including Schiff's challenge, which was rebroadcast several hours later on the CBS Morning News.

Newman researched the matter that same day, and on the following day, February 9, placed a call using directory assistance to CBS Morning News stating that the call was performance of the consideration requested by Mr. Schiff in exchange for his promise to pay $100,000. When Schiff refused to pay, Newman sued. Should Newman prevail? Explain.