The document discusses the constitutionality of prescriptive discourse norms in corporate governance law. It explores the shift from shareholder primacy to multi-stakeholder governance and the implications for corporate speech. The analysis argues that altering corporate discourse norms to enforce fiduciary obligations does not violate First Amendment rights. It suggests that enforcing fiduciary standards on corporate speech to multiple stakeholders should not present First Amendment issues, as these standards are part of private contractual obligations rather than government regulations.
doj/DataSet10/EFTA01378450.pdf
{"key_people":["Jensen","Smith","Van Gorkom"],"document_type":"legal","document_subtype":"legal analysis","key_organizations":["Supreme Court","Delaware corporations"],"reference_numbers":["DB-SDNY-0075629","SDNY_GM_00221813","EFTA01378450 105"]}