But we found that even the threat can produce the same chilling effect, particularly if people have had any contact with litigation before and realize how time-consuming, demanding and distracting it can be. You can't just go down to the court and sue somebody for opposing you in a public political process. That is a no-no. About a third of cases are filed as defamation. But defamation is definitely the major camouflage.
Defamation lawsuits are as old as the United States and older.
There are legitimate defamation cases out there and legitimate business interference cases. But what is immediately suspect is if they are filed because of someone's communication to government. It may make sense to punish a person for defamation if they badmouth someone in the street. Today, that antique language does not mean you have to petition or be seeking redress, or even have a grievance. However, some cases haven't got to that stage yet, and people are sued when they are still in an information mode with the general public, working to develop enough political support to go to the government and express their views.