Public figures must show ‘actual malice’ to win a defamation case
By Shaun Chornobroff
SCDailyGazette.com
A lawsuit filed Monday by U.S. Rep. Nancy Mace claims one of the men she targeted in a shocking speech in Congress defamed her on social media in the weeks afterward.
The 1st District congresswoman accuses Eric Bowman of “repeatedly and maliciously” damaging her reputation following her hour-long speech in February, for which she’s being sued for defamation by another man she named.
Bowman has said more lawsuits are likely, but he meant against her.
All four men, who include Mace’s ex-fiancé, have vehemently denied her accusations from the U.S. House floor that they committed “some of the most heinous crimes against women imaginable.”
Bowman, a Sullivans Island software developer, called the lawsuit filed in Charleston County court “headline theater.”
Mace claims Bowman “acted with reckless disregard to the truth and with actual malice towards Rep. Mace through his utter disregard of and callousness to her rights as a South Carolinian in purposely making such knowingly false declarations,” the lawsuit reads.
The lawsuit cites Bowman’s posts on X, formerly Twitter, between Feb. 27 — 17 days after her speech — and March 17.
In that nearly hour-long speech broadcast live on C-SPAN, Mace accused the men of an array of sexual crimes, including raping and videotaping women without their knowledge.
Mace said she was among the victims. All four men immediately denied her claims.
At the time, the state Law Enforcement Division confirmed it was investigating Mace’s ex-fiancé. A spokeswoman said Monday the agency had nothing new to report as the investigation continues.
No charges have been filed.
Bowman and Mace have blasted each other in social media posts since the speech.
The posts that Mace cites in her lawsuit include Bowman’s allegations that Mace illegally used her position on the House Veterans’ Affair Committee to steer VA contracts to friends and political allies.
“Bowman knew these statements were objectively false when they were made and acted with a reckless disregard for the truth in repeatedly making such statements without support or any attempt to verify the veracity of such statements,” the lawsuit reads.
In addition, it continued, “Bowman has also spent months smearing Rep. Mace’s name and reputation through wide range of vile, contemptible, and repugnant character attacks.”
Responding to the lawsuit, Bowman said his social media activity represents the truth.
“My posts — based on documents, public records, witness testimony, and materials from her own staff— present evidence of hacking, blackmail, misuse of private images, misappropriated tax dollars, and retaliation against rival VA contractors,” he wrote to the S.C. Daily Gazette in a text.
“Those posts remain publicly available on my X feed (@_ericbowman) for anyone who wants to review them. I acted in good faith and without malice, and I will present this evidence under oath,” he said. “I’m confident the First Amendment — and the documented facts — will prevail. Nancy Mace can’t be trusted.”
Defamation cases are harder for public figures to prove. Their claims must meet the “actual malice” standard.
Mace is facing an “elevated standard of clear and convincing evidence,” said Jay Bender, a First Amendment expert and longtime attorney for news outlets in South Carolina.
She will need to prove that Bowman’s posts were lies, he knew that when he wrote them, and the posts have damaged her reputation, Bender said. Plus, some of Bowman’s posts might be protected as opinion. “It’s supposed to be a very high standard of proof,” he added.
While posts included in the lawsuit stop March 17 — three days after a defamation suit was filed against her in U.S. District Court in Charleston — Bowman’s posts about her continued.
In an April 9 post that tagged Mace, he wrote, “What if this isn’t just politics or drama? What if we’re witnessing a real mental breakdown — public, painful, and unchecked?”
Mace announced her lawsuit against him on X: “Let this be a warning to all. I didn’t come to play,” she wrote.
The suit against Bowman comes a month after he was arrested on unrelated charges of stalking and harassment.
He said those April 8 charges came from his estranged wife, who he claimed he has not spoken to since November 2023 and is friends with Mace. He denied the allegations and continued to criticize his estranged wife on X after he got out of jail, calling the accusations “weaponized law enforcement.”
Bowman turned himself in at the jail and was released later the same day.
Mace has yet to respond legally to the lawsuit filed in March by Brian Musgrave of Fort Mill.
The case could test the limits of the “speech or debate” clause of the U.S. Constitution, which shields members of Congress from lawsuits for what is said in either chamber. Musgrave contends her posts after the speech aren’t protected.
Musgrave’s suit came two weeks after his lawyers, Eric Bland and Ronnie Richter, warned Mace in a letter to either reveal evidence of the allegations, apologize or prepare to be sued.
Mace has never responded directly to the lawsuit, even to reporters. Instead, she’s repeatedly referred questions back to her House speech.
“She has been uncharacteristically quiet (about the lawsuit) for a woman who isn’t afraid to get in front of the microphone,” Bland told the S.C. Daily Gazette on Monday.
The lawsuits loom as Mace mulls a run for governor. Mace hasn’t officially announced but it’s widely expected that she’s going to be part of a crowded field vying for the GOP nomination.
Gov. Henry McMaster, who’s already the state’s oldest and longest-serving elected governor, can’t seek another term.
Others expected to run include Attorney General Alan Wilson and Lt. Gov. Pam Evette.
Mace has taken jabs at both on social media. U.S. Rep. Ralph Norman, as well as state Sens. Josh Kimbrell and Sean Bennett are also considering bids.
Shaun Chornobroff covers the state legislature for the S.C. Daily Gazette, part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
