(Posted 14th November 2024)
Courtesy of African Elephant News and Devdiscourse
A federal appeals court has invalidated a New York law that effectively prohibited sales and displays of ivory and rhinoceros horns by antiques dealers. The decision from the 2nd U.S. Circuit Court of Appeals argued the law unfairly restricted commercial speech protected under the First Amendment.
The challenge was brought by trade groups who contended the law, signed by former Governor Andrew Cuomo, was overly broad and hindered legal transactions. The judges noted the law exceeded federal regulations, which allow for certain exceptions in ivory sales, by imposing more stringent criteria.
Proponents of the law intended to combat poaching and protect endangered species, citing the decline of elephant and rhinoceros populations. Despite its noble aim, the court ruled the legislation placed an excessive burden on dealers, impeding their ability to communicate crucial information to buyers about the legality of their goods.
