A nefarious company, Kleargear, makes customers promise never to publicly criticize the company, and "fines" them if they do. The "fine" is probably not legally enforceable, but poor people lack the resources to fight back.

One solution: someone else who has never done business with Kleargear can post the condemnation.

If the TPP passes, foreign companies would be able to sue the US government if it enforces the first amendment against such behavior.