http://www.dailykos.com/stories/2016/6/27/1541828/-How-the-rich-and-powerful-are-shutting-down-free-speech
"Trump is excessive in his litigiousness, filing lawsuits on a hair-trigger. He seems to consider this thirst for lawsuits to be an innate part of his character—not just what he does, but who he is. But there is something he likes more than suing people. And that's winning. More than anything, he likes victory. The defamation claim against Makaeff, however, was one he couldn't win. Because the law is generally structured to protect free speech, winning a defamation claim is not easy. And because Trump is a public figure, winning this case would be even more difficult. It wouldn't be enough for Trump to simply establish that Makaeff made a false statement of fact that negatively impacted Trump's reputation. Trump would also have to prove that Makaeff knowingly lied—or, at the very least, recklessly disregarded the truth. In other words, the likelihood of him prevailing on a defamation claim was very, very slim. But Trump wasn't trying to win. He was just trying to shut her up. Trump has (or had?) plenty of resources, and could fight both the defamation lawsuit and the class action in court. Makaeff, on the other hand, was struggling. By suing her, he could tie up her limited funds, time, and energy, and intimidate her into dropping her suit. Trump’s countersuit was a textbook example of a SLAPP, which are used “to silence and harass critics by forcing them to spend money to defend baseless suits," reports the Public Participation Project. "SLAPP filers don’t go to court to seek justice. Rather, SLAPPS are intended to intimidate those who disagree with them or their activities by draining the target’s financial resources." Trump fought against her right to speak about her experience. In other words, he fought against her right to free speech. This certainly wasn't Donald Trump's first time filing a SLAPP, and such lawsuits are generally not unusual. "[SLAPPS] are a sadly familiar sight in courthouses around the country," the Los Angeles Times said in an editorial last year."
