Ms. Malm, please see attached.
Ms. Malm, please see attached.
STEVEN S. BISS
Attorney At Law
300 West Main Street, Suite 102 Charlottesville, Virginia 22903 Telephone: 804-501-8272 Fax: 202-318-4098
email: stevenbiss@earthlink.net
stevensbiss@protonmail.ch www.linkedin.com/in/steven-s-biss-6517037
May 4, 2022
Privileged Communication Pursuant to FRE 408 And Preliminary to Contemplated Judicial Proceedings
VIA TWITTER AND REGULAR MAIL
Savannah Malm 15601 Ridge Court Biloxi, MS 39532 @rx0rcist
RE: Bowden v. Malm and Tik Tok
Dear Ms. Malm:
Matter No.
335-002
I represent Dr. Mary T. Bowden in connection with her claims against you and Tik Tok for defamation, defamation by implication, false light invasion of privacy, insulting words, tortious interference with contract and business expectations, and conspiracy.
In accordance with the Texas Defamation Mitigation Act, Tex. Civ. Prac. & Rem. Code § 73.051 et seq. and Miss. Code Ann. § 95-1-5, Dr. Bowden demands that you retract the following false statements that were published via Tik Tok, Twitter, Instagram, OnlyFans and other social media:
“This message is for Mary Bowden, the ENT in the Houston, Texas, area currently broadcasting to her 87 thousand Twitter followers the names, locations, and contact info for the pharmacists rightfully refusing to dispense her bullshit Ivermectin prescriptions”
https://www.tiktok.com/@rx0rcist/video/7082586876007288107?is_copy_url=1 &is_from_webapp=v1]
Dr. Bowden is “predominantly harassing Asian pharmacists”
What Dr. Bowden is doing “could be considered a hate crime”
“I’m encouraging any pharmacist who has been targeted by you [Dr. Bowden] to file a police report with their local police before you get one of them killed”
“Mary did you know it’s illegal in the State of Texas to behave in a disruptive manner towards licensees”
“I went ahead and reported you to the Texas Medical Board, ... [E]njoy that attention you so desperately asked for, you xenophobic bitch”
“Does anybody have a rough estimate how many pharmacists MdBreathe [Dr. Bowden] has done this to thus far?”
“Here we have @MdBreathe stepping outside of her scope of practice to dictate dispensing. “I’ve had enough” is her justification for targeting predominately Asian pharmacists for harassment and violence. I’m hearing every pharmacist has allegedly received death threats. Every one”
“You’re a disgraced MD harassing Asian pharmacists. Why would I give you an outlet for your racism?”
“Mary, get help. I don’t engage with racists. If you show up anywhere I am, especially if I’m with my daughter, I will take it as a threat”
“I am inviting you to check yourself into a psychiatric facility. I do not give a platform to racist science-deniers”
“We’re in the middle of a pandemic, Mary. I’m not leaving my breastfed child to travel to Houston to debate a social reject just so you can harass another pharmacist with non sequiturs and convince your idiotic fan base that you owned the libs”
“Report Mary to the Texas Medical Board, to the Board of Otolaryngology, to Twitter, & encourage everyone she’s targeted to file police reports”.
“Supremely proud of @KROGER for this show of solidarity for Asian pharmacists harassed by Mary Bowden”
“About a week ago, I exposed Typhoid Mary for targeting Asian pharmacists in the Houston area for exercising their lawful right of refusal in dispensing Ivermectin for COVID-19 because it doesn’t work. The pro- plaguer justified targeting them, saying the pharmacists reason is not valid and quite frankly she’s had enough”
[https://www.tiktok.com/@rx0rcist/video/7085572202896133422?is_copy_url=1 &is_from_webapp=v1]
Dr. Bowden engaged in “dozens of comments sexually harassing” Malm
Dr. Bowden is a “medical reject” and a “cunt”
● “One week ago, I filed a complaint with the Texas Medical Board regarding Mary Talley Bowden, an ENT in Houston, Texas, who has been targeting Asian pharmacists who rightfully refuse to dispense Ivermectin for COVID-19 ... Anyway, I know how much you love sexualizing my chest on Twitter, so I wore this shirt just for you”
[https://www.tiktok.com/@rx0rcist/video/7086683459480997162?is_copy_url=1 &is_from_webapp=v1]
“I’ll know who did this as soon as the police get the info from DoorDash. Can’t wait for your downfall”
“Looks like Mary Talley Bowden has made more than a few enemies when she decided to target Asian pharmacists in Texas”
“what’s defamatory is falsely stating I encouraged people to leave reviews. Mary is insane. I feel sorry for Peter and her children”
“Maybe Jesus will tell the Texas Medical Board to strip Mary of her licensure before she unalives someone”
● “Mary Talley Bowden ... targets Asian pharmacists”
“Here’s an update on Mary Talley Bowden, the disgraced ENT who’s been targeting Asian pharmacists in the Houston area for declining her horse paste prescriptions”
[https://www.tiktok.com/@rx0rcist/video/7090733081040276782?_t=8RnfHyHk Max&_r=1]
Dr. Bowden is a “grifter” who is “more interested in lining her own pockets than she is in public health”, and she is “incredibly unethical”
“Someone tell #MaryDidYouKnow it’s not looking good for her [implying that Dr. Bowden’s license is going to be revoked]”
In your Twitter profile, @rx0rcist, you unlawfully use a photo of Dr. Bowden:
You have 910,400 followers on Tik Tok, 38,300 followers on Twitter and 41,900 followers on Instagram. As was intended, your false and defamatory videos and social media posts were republished millions of times.
Taken as a whole, the clear defamatory gist of your statements is that Dr. Bowden is unfit to be a medical doctor, and that she has engaged in behavior for which she should lose her license to practice medicine. The qualities disparaged by you and your confederates – Dr. Bowden’s medical judgment, advice, credibility, honesty, integrity, ethics, intelligence, performance and ability to perform as a licensed medical doctor – are peculiarly valuable to her and are absolutely necessary in the practice and profession of any medical professional.
“She tweets as if she’s going to stop the medical board from revoking her license lol”
Your false statements ascribe to Dr. Bowden conduct, characteristics and conditions – including racism and national origin discrimination – that are highly insulting and prejudicial to Dr. Bowden or anyone in the medical profession. See, e.g., Wilson v. West, 2019 WL 238063, at * 2 (S.D. Miss. 2019) (the word “racist” is actionable under Miss. Code Ann. § 95-1-1 because it is considered as an insult and is calculated to lead to a breach of the peace).
Your false statements and insulting words were immediately understood to convey a defamatory meaning about Dr. Bowden, see, e.g.:
(“WOW, Mary’s feed is absolutely filled with some of the worst content and deranged people on twitter”);
(“Mary Talley Bowden MD you are a quack doctor. Shame on you”);
(“She is also targeting Asian pharmacists in Houston for not filling prescriptions for Ivermectin to treat Covid”);
(“She seems to target Asian pharmacists pretty frequently”);
(“@MdBreathe is still attacking asian [sic] pharmacists on Twitter too!”);
(“I’m sure you’ve stolen enough money from suckers to pay your own expenses. I can’t wait to sit down in a room with you and show you for the hypocritical murderer you are”);
(“Everyone stay the hell away from Mary the crackpot. Wow. Mary found out the big money is in telling lies to Republicans and she left her integrity at the bank”);
(“Mary shells out horse medication to misguided people faced with a deadly disease. Logic and reason are clearly foreign concepts to her”);
(“Texas, keeping shitty doctors licensed ALWAYS!”);
(“Someone gotta take away your MD license. Actually being a livestock lunatic Iwouldn’t even let yuh near my cat Mary”);
Dr. Bowden is a private individual. Your false and defamatory statements and insulting words severely injured her business and reputation.
Demand is hereby made for an immediate public retraction, a public apology, and compensation for the special damages, presumed damages and actual injuries suffered by Dr. Bowden, including the insult, humiliation, embarrassment and injury to her reputation and medical practice caused by your egregious and excessive defamation and insulting words.
In order to mitigate the damage you caused, the retractions must prominently notify your Tik Tok, Twitter, Instagram and OnlyFans followers, the medical community and the media that you and Tik Tok fully and irrevocably retract and withdraw the offending statements.
Dr. Bowden demands full compliance with §§ 73.057(b) and (e) of the TDMA.
She wishes to resolve this matter amicably and without litigation. If you refuse to take the above action within 30 days of the date of this letter, however, or if the retractions are insufficient, she intends to take appropriate legal action in Federal Court to protect her rights and interests.
Please forward this letter to your insurer and legal counsel immediately. Yours very truly,
/s/ Steven S. Biss
Steven S. Biss
cc. Dr. Mary T. Bowden cc. Madhu Sekharan, Esq.
Well this white pharmacist is mean as fuck and she can enjoy the support I rally for my colleagues”)].
Dr. Mary, you are a brave and mentally tough woman. I wish you success in this fight.
Imagine the indoctrination that must take place for a person to target a physician that wishes to save lives and practice medicine.
I can't help but notice the "woke" angle that is never far behind. I'm fascinated with how this has been co-opted or outright engineered to divide the American populace.
When you see the CIA with its comical "Woke" Recruitment videos, and you see how we spent four years preoccupied with "Russia interfering with our elections"...it's not too big of a leap to construct that our Intelligence Community is dead set to divide America.
I can't believe that you have to cope with this level of darkness, while fighting for the lives of and well-being of your patients. (One of whom, BTW, is a relative about to engage in your telehealth services!) There is something so particularly gloomy about this sort of one on one attacking and hounding. It went far past making an offensive or disagreeable comment. It was a complete campaign. The method in general is being developed into an art form and unleashed as a social media weapon. I hope that you are getting much support from colleagues and perspective from retired professionals whose careers escaped this era of suppression and conflict. I hope you and your lawyer saw attorney Sarah Burwick's Substack on Dr. Risa Hoshino, maybe something in what she describes would be helpful to your case?
https://sarahburwick.substack.com/p/who-is-risa-hoshino?r=c8vqx&s=r&utm_campaign=post&utm_medium=web