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Litigation

Nancy Mace's Gag Order Violations

A November 26, 2025 gag order bars Nancy Mace and the other parties in Berg v. Bryant from commenting on any aspect of the case, any party, or any attorney through any form of communication. This is that order. And a running record of the public statements she made after it, including the five that a January 2026 contempt motion asks the court to punish as repeated violations.

Page 1 of the November 26, 2025 Gag Order in Berg v. Bryant, naming Nancy Ruth Mace and Melissa Britton as third-party defendants and stating the court issues the order sua sponte Page 1 of the Gag Order, signed by Judge Donald B. Hocker sua sponte on November 26, 2025, in Berg v. Bryant, No. 2025-CP-10-03124 (Charleston County Court of Common Pleas).

Nine days before this order was signed, Judge Hocker had entered a separate order in the same case ending the use of pseudonyms. See No More Jane Does: the de-anonymization order (November 17, 2025) and the Berg v. Bryant case hub.

The Order

Judge Donald B. Hocker signed the Gag Order on November 26, 2025, and it was entered on the public docket at 10:43 a.m. on December 9, 2025, in Berg v. Bryant, Case No. 2025-CP-10-03124, in the Charleston County Court of Common Pleas, Ninth Judicial Circuit. The judge issued it sua sponte (on the court's own initiative), "not in response to a recently filed Motion for Temporary Restraining Order." It binds every party to the case: Alexis Berg; Patrick Bryant; John Osborne; Eric Bowman; Pommer Group, LLC; Assignment Desk Works, LLC; GLT2, LLC; and third-party defendants Nancy Ruth Mace and Melissa Britton, together with their agents, representatives, and attorneys.

By its terms, those bound are "enjoined and restrained from":

(a) "Making or publishing any comment about any aspect of this case (other than Attorney/Client) via oral, written, social media, text or any other forms of communication;"

(b) "Making or publishing any comment about any party or attorney to this case or anyone connected to this case to any person, entity or otherwise (other than Attorney/Client) via oral, written, social media, text or any other forms of communication;"

(c) "Publishing, transmitting, posting or sharing any documents, videos, photographs or any other materials related to any aspect of this case and/or party and/or attorney and/or any person connected to this case…"

The order set its own duration at "three (3) weeks from date of this Order but can be extended by Order of this Court," and the court invited briefing "on the issue of a Gag Order vs. First Amendment rights." The full four-page order is reproduced below and the original PDF is available here.

Page 2 of the Gag Order, the operative restraints Page 2, the order enjoins "any comment about any aspect of this case … via oral, written, social media, text or any other forms of communication."

Page 3 of the Gag Order, restraints on comments about parties and attorneys, and on sharing documents, videos and photographs Page 3, the bar on commenting about "any party or attorney … or anyone connected to this case," and on "publishing, transmitting, posting or sharing any documents, videos, photographs or any other materials related to any aspect of this case."

Page 4 of the Gag Order, signature of Judge Donald B. Hocker, dated 11-26-25 Page 4, "SO ORDERED. DONALD B. HOCKER. Date: 11-26-25. Laurens, South Carolina."

The Supplemental Order

Judge Hocker signed a Supplemental Gag Order on January 9, 2026 (entered at 1:59 p.m. on January 13, 2026). It left the original order "in full force and effect" and clarified that nothing in it prohibits or restricts: communications with law enforcement and local, state, or federal agencies (including the Solicitor's and Attorney General's offices) "with respect to active criminal investigations"; communications with "legislative bodies (federal and state) with respect to active criminal investigations"; and "statements or disclosures required by Court Order, subpoena, or any other lawful process." The three-page order is available here.

Page 1 of the January 2026 Supplemental Gag Order Page 1 of the Supplemental Gag Order, supplementing the November 26, 2025 order.

Page 2 of the Supplemental Gag Order, the carve-outs for law enforcement, legislative bodies, and lawful process Page 2, the carve-outs, over Judge Hocker's signature.

Mace's response to the order

Mace has contested the gag order rather than conceded its validity. On December 29, 2025, her counsel moved to vacate it on First Amendment and Speech or Debate Clause grounds. On January 21, 2026, writing pro se, she told Judge Hocker the order was "overly broad, unconstitutional, and unenforceable," called the proceeding a "Kangaroo Court," declared "I will not be SILENCED," and removed the contempt proceeding to federal court. See "I will not be SILENCED" and the Berg v. Bryant docket. The underlying allegations are disputed and unproven; Mace denies Bryant's claims, and the other named parties deny Mace's. Nothing here is a finding of fact.

The motion to hold her in contempt

On January 12, 2026, Patrick Bryant and Eric Bowman moved for an Order to Show Cause and an order of civil contempt, asking the court to find that Mace had "willfully violated" the gag order through a series of public communications made "after entry and extension of the Gag Order." The motion recounts that Judge Hocker circulated the order to all counsel of record by email at 2:23 p.m. on November 26, 2025; Mace's counsel was copied. Thus, the movants argue, "Mace and her agents had actual notice." The motion remains pending and contested; no contempt finding has been entered.

Page 1 of the January 12, 2026 Order to Show Cause and Motion for Civil Contempt against Nancy Mace in Berg v. Bryant Page 1 of Patrick Bryant's and Eric Bowman's Order to Show Cause / Motion for Civil Contempt, filed Jan. 12, 2026, in Berg v. Bryant, No. 2025-CP-10-03124. The full motion is available here.

The violations the contempt motion alleges

Each entry links to a dispatch reproducing the underlying public statement and the motion's account of it. The characterizations are the movants'; the allegations are unproven and contested, Mace denies them, and she contends the gag order is itself unconstitutional and unenforceable. Three stand out: how quickly the first post came (under four hours), the mass-distributed congressional newsletter that named a party, and the pinned post viewed more than 20,000 times.

  • November 26, 2025-6:43 p.m., Less than four hours after the order reached her counsel, a reply from her verified @RepNancyMace account to a post about co-defendant Eric Bowman's bond: "Not nearly enough. Very concerned for the safety of his victims. Keeping them in my prayers tonight.", dispatch (Exhibit 3)
  • November 28, 2025-11:00 a.m., From @RepNancyMace: "IMPEACH ALL CORRUPT JUDGES" and, in the same thread, "Especially including those in South Carolina SPECIFICALLY.", dispatch (Exhibit 4)
  • December 1, 2025, A mass email newsletter from her congressional office, headlined "Rep. Nancy Mace says 2 more women accuse her ex-fiancé of abuse," naming a party and declaring "I WILL NOT be silenced.", dispatch (Exhibit 8)
  • December 27, 2025-10:00 p.m., An Instagram video from @repnancymace that, per the motion, named co-defendant Eric Bowman in terms implying criminal conduct "that has not been alleged in this litigation"; Bowman's counsel reported it to the judge. dispatch (Exhibits 5-7)
  • December 31, 2025-4:29 p.m., A pinned post viewed more than 20,000 times calling South Carolina a "pedophile paradise" and re-sharing the December 27 video. dispatch (Exhibit 9)

Other public statements while the order was in effect

These were not part of the January 12 contempt motion, but fall in the same period and tie her public advocacy to her own account of the case:

  • January 3, 2026, Announcing the "Aggravated Voyeurism Act," Mace tied the bill to her experience as a self-described victim. dispatch
  • January 11, 2026, Promoting her "Preventing Prosecutors from Protecting Predators Act" from @RepNancyMace as "deeply personal," with a video referencing "trauma" from "two years ago." dispatch

Her response

Mace has contested the order at every step rather than concede it. On December 29, 2025, her counsel moved to vacate it on First Amendment and Speech or Debate Clause grounds. On January 21, 2026, writing pro se, she told Judge Hocker the order was "overly broad, unconstitutional, and unenforceable," called the proceeding a "Kangaroo Court," declared "I will not be SILENCED," and removed the contempt proceeding to federal court, "I will not be SILENCED".

Afterward

  • June 9, 2026, In her primary-night concession speech, Mace spoke of "predators that got away in MY CASE" and of a system "where they can leak evidence in a criminal case two days before an election", dispatch.

The tip line that is still up

Separate from any single post the contempt motion counts, one of Mace's public artifacts about the men she named is still live on her official congressional website. On May 29, 2025, months before the gag order, her House office published a press release, "Congresswoman Nancy Mace Responds To Rape Victim's Class Action Lawsuit Against Predators From Mace's Floor Speech," that names the parties to this case - "Eric Bowman, Patrick Bryant, and John Osborne" - and points the public to a tip line about them:

"A tipline also remains active with the Congresswoman's office at 843.212.7048 for those who believe they may have been recorded, sexually assaulted, or otherwise victimized or abused by these predators."

The page is dated before the November 26, 2025 order and is not one of the communications the January 12 contempt motion asks the court to punish. What is notable is that it never came down. The press release, the named parties, and the open solicitation about "these predators" remained continuously published on mace.house.gov throughout the gag-order period and were still live when this entry was updated on June 16, 2026. By its terms, the order bars those bound from "publishing, transmitting, posting or sharing any documents, videos, photographs or any other materials related to any aspect of this case" and from "making or publishing any comment about any party or attorney to this case or anyone connected to this case." The allegations remain disputed and unproven; Mace denies Bryant's claims and the named parties deny hers; nothing here is a finding of fact.

Header of the live press release on Nancy Mace's official congressional website, titled "Congresswoman Nancy Mace Responds To Rape Victim's Class Action Lawsuit Against Predators From Mace's Floor Speech," dated May 29, 2025, naming Eric Bowman, Patrick Bryant and John Osborne as the men from her floor speech The press release as it appears on her official House site, mace.house.gov, captured June 16, 2026. Posted May 29, 2025, it names "Eric Bowman, Patrick Bryant, and John Osborne," the parties to Berg v. Bryant.

The tip line paragraph on the same page: "A tipline also remains active with the Congresswoman's office at 843.212.7048 for those who believe they may have been recorded, sexually assaulted, or otherwise victimized or abused by these predators." The solicitation on the same page, still live as of June 16, 2026: the office invites anyone who believes they were "victimized or abused by these predators" to call a tip line.

The release is on her official House site at mace.house.gov.

Sources & related coverage