ALBANY – A federal judge has denied the state's motion to dismiss an action brought by New York teachers who claim their constitutional free speech rights are being violated by a state-imposed prohibition on discussing their concerns about the controversial Common Core.

Common Core tests English, mathematics and other skills of students in grades three through eight.

Northern District Judge Gary Sharpe said the suit by the New York State United Teachers union should go forward, finding it adequately states a cause of action based on the preliminary pleadings.