. Al was running for the presidency of the Caledonian Society and was worried that he was going to be beaten by another candidate, Max. Al sent the following email to the Caledonian membership (about 100 people): "Do not vote for Max. He has been convicted of murder in Louisiana." In fact, Max had been convicted of involuntary manslaughter and had served 8 months in jail. Max sued Al for defamation. Al maintains he is not liable. Al is:

1. correct because the email was not published.
2. Correct because the email was basically true.
3. Incorrect because the email was false.
4. Incorrect because the email was published.
5. 3 and 4 are correct.