Ellen Johnston is angry that she appears, without her permission, in the movie Borat. The scene at issue in this case is near the end of the movie on Borat’s way to California, when he stops at an actual Pentecostal camp meeting held in Clarksdale, Mississippi. In the scene, Borat seeks redemption at the camp meeting, during which he acts as if he has been converted by the minister and begins speaking in tongues along with other Pentecostals doing the same. While Borat appears to be experiencing this religious conversion, several members of the camp meeting, including Johnston, are shown in the film raising their arms in praise to God for Borat’s conversion. Johnston is seen in the film for approximately three seconds. Johnston argues that her unknowing appearance in Borat portrays her in a false light by suggesting that she knowingly participated in a mocking of her Pentecostal religion. The defendants responded to the suit by filing a motion to dismiss for failure to state a claim.

1. What is the logic for the rule of law governing the granting of a motion to dismiss?

Clue: Consider the effects of having a rule of law that makes it easy to attain a motion to dismiss.

2. Can you construct a set of facts that would have led to a successful motion to dismiss in this case?

Clue: Study the last paragraph where the court explains what must be uncovered during discovery for this case to be decided.