Texas Supreme Court Pauses Deposition in Transgender Mailer Case

The court temporarily put a Travis County judge’s order on hold while it considers an emergency petition from the Texas Transgender Student Union LLC. The justices set a 10 a.m. November 2 deadline for attorneys’ replies. The pause came about 15 minutes before the deposition was due to start, TENT attorney Mimi Marziani said. The court did not explain its decision in the order described in the reports.

The mailers, which began arriving in Texas in October, were addressed to “students” and presented resources for transgender and LGBTQ+ young people. They referred to TENT, which says it did not send them and did not authorize use of its name or members’ photograph. TENT sought depositions to learn who was behind the materials as it considers legal action.

The Texas Transgender Student Union, listed as the sender, was formed in Wyoming in September. Its attorney, Chris Hilton, argued that the group has a First Amendment right to speak anonymously and said the mailers were not political because they named no candidate or party. He also described the return-address similarity to TENT’s address as a printer’s typo.

TENT’s attorney said the mailers and similar text messages caused confusion and threats, and that the nonprofit had deactivated its website, suspended programming, hired security and retained counsel. Marziani said TENT estimates 3.6 million to 4.2 million mailers were sent statewide.

In a separate deposition, messaging provider Infobip identified the Republican Women’s Caucus Fund and John Braun as customers associated with phone numbers used to send similar texts. The fund denied involvement in either the texts or mailers. Infobip said it had suspended the traffic and had no business relationship with the Wyoming LLC. TENT has said it believes the messages and mailers may share an origin, while acknowledging that it has no evidence linking them.

Court Pause Delays Answers About Texas Transgender Mailers

A court order has temporarily shielded the people behind the Texas Transgender Student Union LLC from a deposition as the Texas Supreme Court reviews the group’s emergency petition. The justices set a November 2 deadline for responses, leaving TENT’s effort to identify the mailer organizers on hold.

The mailers were addressed to “students,” invoked TENT and offered resources for transgender and LGBTQ+ young people. TENT says it had no role in sending them and did not authorize the use of its name or members’ photo. Its lawyer said the materials and similar texts fueled confusion and threats, forcing the nonprofit to deactivate its website, suspend programming and hire security.

TENT estimates that 3.6 million to 4.2 million mailers were distributed. The Wyoming LLC named as sender was formed in September, and its attorney argues that anonymity is protected speech. That defense should not prevent an organization from seeking answers about materials that appear to impersonate it and reach into families’ homes.

A separate deposition connected phone numbers used for similar texts to the Republican Women’s Caucus Fund and John Braun. The fund denies involvement, and TENT acknowledges it has no evidence establishing that the texts and mailers came from the same source. The court’s pause delays scrutiny while those questions remain unresolved.

Texas Court Protects Anonymous Speech in Mailer Dispute

The Texas Supreme Court put a Travis County judge’s deposition order on hold just before questioning was scheduled to begin. The case now turns on the court’s review of an emergency petition filed for the Texas Transgender Student Union LLC, with responses due November 2.

The group’s attorney, Chris Hilton, argues that the First Amendment protects anonymous speech, including during an election year. He says the mailers named no candidate or party and were not political, and described the similarity between the return address and TENT’s address as a printer’s typo. A court should weigh those speech protections before compelling disclosure of private identities.

TENT says the mailers used its name and a photograph of its members without permission, and its attorney says the materials led to threats and disruption. The nonprofit is seeking information as it considers legal action; it estimates millions of mailers were sent. Those claims deserve scrutiny, but they do not erase the constitutional stakes of forcing a speaker’s identity into public view.

A separate deposition tied phone numbers used for similar texts to the Republican Women’s Caucus Fund and John Braun. The fund denies any involvement in the texts or mailers, and TENT says it has no evidence linking the two campaigns. The Supreme Court’s temporary pause leaves both the identity question and the First Amendment challenge for further proceedings.