- Associated Press - Friday, September 18, 2015

ALBANY, N.Y. (AP) - A federal judge has refused to dismiss a First Amendment lawsuit by five New York teachers challenging confidentiality agreements that prevent them from discussing the Common Core tests they scored last year.

U.S. District Judge Gary Sharpe has also refused the teachers’ request for a preliminary injunction that would prevent education officials from enforcing those agreements.

New York State United Teachers, which represents the five teachers, says this week’s ruling lets their free-speech challenge of the state “gag order” proceed.

They allege the restrictions prevent teachers from discussing problems with the controversial standardized tests because of the threat of being disciplined.

Sharpe writes that in order to ultimately win the suit, they will have to “substantiate their claims with more than just a subjective allegation that their speech was chilled.”

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