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A hearing scheduled for Tuesday could help the Transgender Education Network of Texas identify who is behind fake promotional materials claiming to be from the organization.
In recent weeks, TENT learned that printed fliers and text messages were circulating in its name without permission, according to an investigative report by CBS News Texas. At Tuesday’s hearing, Travis County District Judge Jan Soifer will not determine who sent the mailers or whether anyone broke the law, but will decide whether TENT can ask a telecommunications company where the messages came from.
Related: Republican DA launches investigation to find culprit behind fake trans mailers in Texas
In its court petition, TENT states it had nothing to do with these texts and mailers, and that its name, website, and images were used without permission. The text messages, sent October 12 and 13, directed recipients to TENT’s website for information about gender-affirming care in Texas and resources for transgender students, including guidance on school bathrooms. TENT alleges that the communications were part of an effort to mislead voters and damage the organization’s reputation ahead of the midterm elections.
“The identity of the organizations and/or individuals behind the Messages and Mailer are opaque," the petition states.
Related: Texas trans rights group asks court to expose who’s sending fake flyers to outrage conservatives
The messages arrived as anti-transgender attack ads were playing in heavy rotation on TV ahead of the midterm elections, according to the CBS report. Representatives for Democrat James Talarico and Republican Ken Paxton, who are competing for a U.S. Senate seat in Texas, told CBS Texas that their campaigns were not involved in creating or sending the fliers.
TENT is seeking permission to question a Wyoming limited liability company, as it considers potential legal action.
The U.S. Postal Service identified Three Z Printing as the holder of the permit used for the mailers. It remains unclear what role, if any, Three Z played beyond using its permit. CBS Texas said it had contacted the family-owned company for comment but had not received a response.
