August 15, 2019 / 8:32 PM / 3 months ago

Judge greenlights antique dealers' lawsuit over N.Y. state ivory ban

A federal judge in Manhattan has declined to dismiss a lawsuit by two antique dealers’ trade groups challenging a 2014 New York state law making it a felony to sell or trade ivory in the state.

In a decision on Wednesday, U.S. District Judge Lorna Schofield said the trade groups had plausibly alleged that the law may violate the First Amendment’s protection of commercial speech by restricting displays of ivory in storefronts. Commercial speech is speech that proposes a commercial transaction, or sale, and in-store displays of ivory constitute such speech, she said.

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