"No one supposed that dinoflagellates might actively kill fish as an evolved response for their own specific advantage, including a potential nutritional benefit for the algal cells. And yet the dinoflagellates do seem to be killing and eating fishes in a manner suggesting active evolution for this most peculiar reversal."

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Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.

— Stephen Breyer