In a continuing victory for transparency and accountability in our community, Eanes ISD Trustee Kelly Marwill has once again failed in her attempt to get the defamation lawsuit against her dismissed. After her original motion was denied by the Travis County court on October 4, Marwill quickly filed a motion to reconsider the ruling, essentially begging the court to reverse its decision. Unsurprisingly, that motion was denied as well on October 14.
This pattern of behavior and legal strategy shows clear signs of desperation. Rather than allowing this case to move forward to a fair and open public trial, Marwill is now “forum shopping”—actively searching for a judge who might be more sympathetic to her claims of free speech protection. It’s worth noting that in Travis County, each subsequent filing may be heard by different judges in a random assignment or “round-robin” system. By splitting up her legal strategy, Marwill is attempting to game the system, hoping that one of these judges will cut this case short and let her wiggle off the hook.
Both Marwill and Taylor are extremely concerned about the discovery process of a potential trial vs. Silva which would likely subpoena and uncover hundreds of emails, DMs and text messages between Marwill’s campaign team and other members of the Westlake Smear Cartel as they coordinated their nefarious activities through March, April and May of 2024. An untold number of other Westlake citizens, parents and owners of anonymous instagram and facebook accounts will be revealed in a public trial along with potentially other current and former Trustees that were in on the action.
What’s more interesting is how Marwill has separated her legal strategy from that of Kimberly Taylor, CEO of the Westlake Smear Cartel. It's almost as if Marwill is acting a legal "scout," testing the waters in advance for the Taylor's legal team so they can adjust their own tactics. This way, each can attempt to secure different judges for their motions, making it a strategic game of ‘get out of jail free’ rather than a pursuit of justice.
But here’s the real issue. By repeatedly invoking the Texas Citizens Participation Act (TCPA or “Anti-SLAPP” statute) and claiming free speech protection, Marwill and Taylor are essentially admitting that, yes, they did knowingly modify and then publish the 18 year old altered court documents. Even if the documents they posted about Silva were incomplete, manipulated, and framed in the most unethical and immoral way possible—something utterly unacceptable in a tight-knit community like Westlake—they believe that they are technically protected by free speech.
So, the question is: Is this who we want leading our community? Is this who we trust to make decisions about the well-being of our children, and manage hundreds of millions of taxpayer dollars? Marwill’s actions speak for themselves: she seems to think that conspiring with Kim Taylor and publishing misleading, harmful information is an acceptable way to win an election.
Her behavior suggests she’ll do anything to win—even if it means crossing ethical lines, deceiving voters, and then hiding behind a legal technicality. Do the parents, taxpayers, and citizens of Eanes want someone with this kind of character making important decisions for our schools? Can she truly be trusted to represent the values we hold dear?
This case isn’t just about defamation—it’s about the integrity of our elected officials. It’s about ensuring that the leaders in charge of our children’s future and our tax dollars aren’t willing to sink to the lowest depths just to win. The court has already drawn a line: free speech has its limits. Now, it’s time for our community to do the same and ask Kelly Marwill to step down for the good of the incredible legacy of Westlake and Eanes ISD.
We will continue to keep you updated as this case progresses.
Comments