'' Milk '' was released on November 26 , 2008 by Focus Features . Its release date was tied to the 2008 California voter referendum on gay marriage , Proposition 8 , when it made its premiere at the Castro Theatre two weeks before Election Day . The film was released to much acclaim and earned numerous accolades from film critics and guilds for Penn 's performance , Van Sant 's directing , and the screenplay , it received 8 Oscar nominations at the 81st Academy Awards , including Best Picture and went on to win two for Best Actor for Penn , his second Oscar , and Best Original Screenplay for Black . The film opens with archival footage of police raiding gay bars and arresting patrons during the 1950s and 1960s , followed by Dianne Feinstein 's November 27 , 1978 announcement to the press that Harvey Milk and Mayor George Moscone had been assassinated . Milk is seen recording his will throughout the film , nine days ( November 18 , 1978 ) before the assassinations . The film then flashes back to New York City in 1970 , the eve of Milk 's 40th birthday and his first meeting with his much younger lover , Scott Smith
had been assassinated
Moscone–Milk assassinations
Milk (film)