The Third Liberty in the Bill of Rights reads:
Congress shall make no law…abridging…the right of the people peaceably to assemble
This right to gather when, where and with whom you chose, no matter the reason for the gathering, is key to a free society. Laws which purport to limit where you are permitted to associate, when you are permitted to do so, or requiring particular associations violate this amendment. Remember, the entire First Amendment follows the phrase “Congress shall make no law…” which means exactly that. No matter how noble the purpose, no matter how great the social good, the government may not restrict your right of free association or assembly.
And yet, it does—or at least tries to. Requiring permits for demonstrations or setting aside ‘Free Speech Zones’ both are clear, direct violations of the 1st Amendment, and yet the Courts permit them. Any laws which purport to limit your right to be in a certain place at a certain time are also clear, direct violations of the 1st Amendment. Curfew laws also violate the 1st Amendment, even when applied to minors (I see nothing that excludes a person under 21, or under 18, as not being one of ‘the people’ referenced in the text). All of these laws purport to serve some public good, yet ‘the public good’ does not override the Constitution. Or at least it is not supposed to.
An area of extreme controversy is the right not to assemble or associate with someone or some group. The government may not compel you to associate nor prevent you from associating with anyone you wish, either privately or in public. The government may not discriminate, but private citizens may, and on any grounds they wish. This means that a ‘men only’ or ‘women only’ club or group is pefectly acceptable, and a business may decide who they wish to serve based on whatever criteria they wish. Forcible association is a violation of both the 1st Amendment right of peaceable assembly (‘free assocation’) AND the 5th Amendment right not to have property taken for public use without compensation. See the anaylsis of the 5th Amendment for a full treatement of the property rights issue.
This right against compulsory assembly applies also with regard to schooling. Per the 1st Amendment, nobody can be forced to attend public schools. Compulsory schooling is a separate topic, but each person has the right to attend private schooling or be homeschooled. Every state allows some form of private schooling, and many allow home schooling.
The government does have limited power to compel association-they have the power to require jury duty, services in the armed forces, court appearances and other very specific assemblies as authorized by the Constitution. The States are empowered to call fortht he general milita as well.
Additionally, the right to free assembly does not prevent conspiracy or other criminal or civil charges. Breach of the peace takes many forms, and planning a crime or committing one is considered under common law to be breach of the peace, and as such, removes 1st Amendment protection. That said, simply declaring something to be illegal or a breach of the peace does not remove the right to peaceably assemble. The law that is passed must be within the power of the state or national government to regulate, as authorized in the US or State Constitution, and must not violate any other rights.
The government also has the power to prevent assemblies which are not peaceable. You do not have the right to riot or to mob action based on the 1st Amendment. So long as the protest, rally, party, etc, is peaceable, the government may not interfere. As soon as their is violence, then they may act immediately to disperse the assembly and restore order.
The bottom line is that the government may not prevent you from associating and assembling peaceably with whomever you wish, and they generally may not compel you to assemble against your will.
