It was claimed the show depicts Italian-Americans in a negative way

He also ruled that the HBO-made show had a constitutional right to air its depiction of a fictional New Jersey family of Mafia members.

In a reference to the plaintiff's acronym AIDA, the judge wrote in his 11-page ruling: "The aria may be offensive to Verdi, but The Sopranos have the constitutional right to sing."

Financial damages

Lawyers for Time Warner Entertainment, which owns the TV channel HBO, had been arguing for a dismissal of the case.

The company said that if the show were condemned in court they would be open to suits seeking financial damages.

The show stars the award-winning Gandolfini

Time Warner lawyers also argued that an adverse decision could lead to the censorship of other fictional works.

Lawyers for AIDA said they had not sought damages from Time Warner Entertainment but wanted a declaration from the judge that the popular show violated a "dignity clause" in the Illinois constitution.

The clause is designed to protect individuals from communications that incite hostility based on their religion, race or other affiliation.

The series has 22 nominations for this year's Emmys - postponed because of the US attacks last week - and will hope to add to the solitary Emmy it won last year.