COMM 384: MASS COMMUNICATION LAW
Test II, Part II Open-Book Essay (50%)
Miller v. Schwarzenegger and The Schwarznegger Campaign
The day before the recall election involving Governor Davis in California, Rhonda
Miller was among those women who accused Mr. Schwarzenegger of molestation--
many years in the past. Specifically she claimed “the actor had lifted her shirt and
assaulted her on a movie set.” The accusations were made in a news conference
in which she appeared.
Ms. Miller is a stuntwomen by profession.
Mr. Schwarzenegger apologized before the election for “behaving badly
sometimes” and admitted that he had been on “rowdy movie sets.” Mr.
Schwarzenegger and his campaign denied that the specific incidents alleged by
Ms. Miller had happened.
Hours after the news conference in which she made the accusations, a member of
Schwarzenegger’s campaign sent an email to reporters. The email directed
reporters to a court web site. The email had an attachment of a scanned photo of
Ms. Miller and explained that the web site would have records posted indicating
that Ms. Miller had a history of prostitution, drug crimes and disorderly conduct.
There were postings regarding the prostitution, drug and disorderly conduct
history of a Rhonda Miller. However, the Rhonda Miller in question was not the
stuntwoman but another Rhonda Miller. The stuntwoman had no arrests or
convictions for any crimes. She is suing Mr. Schwarzenegger and his campaign for
defamation, invasion of privacy and intentional infliction of emotional distress.
Prepare a memo about how you will argue the case:
A. As attorney for Miller
OR
B. As attorney for Schwarzenegger and his campaign
If you choose A., discuss how you will handle the proof: is it defamation, is the
public-private distinction relevant, is malice involved, what damages may be
argued for? Can you also sue for invasion of privacy and intentional infliction of
emotional distress? Relate the facts of this case to the relevant cases we have
studied. Point out any areas where you might expect to run into difficulty with
your case.
If you choose B., discuss how you will handle the defense. Consider the public-
private distinction, malice, and damages. How will you respond to claims of
privacy invasion and intentional infliction of emotional distress? Relate the facts of
this case to the relevant cases we have studied. Point out any areas where you
might expect to run into difficulty with your argument.
