afoul of any First Amendment
restrictions. Nobody has suggested that Smith v. Van Gorkom, "° which requires directors
of Delaware corporations to engage in informed, good-faith discourse about what kind ... unconstitutional standard on
First Amendment grounds. Nor has it been suggested that Van Gorkom, and nothing else,
is a constitutionally required standard for corporate speech. If prescriptive discourse would
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01378450.pdf