Texas judge orders depositions as TENT seeks to identify who's behind controversial transgender mailers

A Texas transgender rights group is one step closer to identifying who is behind the controversial transgender mailers sent to homes across Texas.

Texas judge orders depositions

Late Tuesday afternoon, a Travis County judge ruled that the organization featured in the flyers – the Transgender Education Network of Texas – can depose two companies.

The Texas Transgender Student Union, LLC, is listed as the sender of the mailers, which feature TENT's logo, photos, and other information.

InfoBip is the wireless provider that helped transmit unsolicited text messages purporting to be from TENT.

TENT says mailers and texts impersonated organization

An attorney for TENT told the judge that the texts and mailers impersonated the organization and made it look like it was reaching out, unsolicited, to other people's children.

The messages and mailers have caused widespread confusion, said Mimi Marziani, and death threats for the people connected to TENT.

The nonprofit has had to deactivate its website, suspend programming, retain counsel and hire security, said Marziani.

According to Marziani, TENT estimates between 3.6 million and 4.2 million mailers went out across Texas, an effort that would cost far more than the organization's annual $1 million budget.

She said whoever is behind the mailers is "flouting Texas law and going to great lengths to shield themselves from public scrutiny."

Attorney defends mailers as protected speech

But an attorney for TTSU had a different take. 

"The First Amendment protects speech 365 days a year – especially in an election year," said Chris Hilton.

Hilton maintained that the mailers had nothing to do with the election and were not political in nature, pointing out that they did not mention a candidate or party.

"TTSU did nothing wrong other than engage in speech," he told the judge, adding that TENT's real goal is to "identify anyone with TTSU to expose their identity to the social media mob they've whipped up."

As for the return address – the one nearly identical to TENT's street address – Hilton called it a "typo" that was the fault of the printer.

He called the request for depositions this week an effort to create "false urgency to further TENT's political goals."

After a five-minute recess, the judge ruled against TTSU and InfoBip, stating that both companies must comply with depositions this week.

It was at that point that Hilton revealed that he wasn't just representing whoever was behind the mailers. 

"Separately from TTSU, I also represent the parties who are clients of InfoBip," Hilton told the judge.

Marziani responded that Hilton seemed to have several "mystery clients" who did not want to be named. Hilton said he planned to appeal Tuesday's hearing.

As of Tuesday, the InfoBip deposition was scheduled for Thursday, with questioning of a TTSU representative scheduled for Friday.