What circumstances are people not allowed to assemble?

Answer 1

Amendment I to the United States Constitution sets forth that

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

United States v. Cruikshank, 92 U.S. 542 (1875) held in essence that (1) the right of assembly is distinguished from the right of petition; and, (2) the right to assemble is "an attribute of national citizenship, and, as such, [is] under protection of, and guaranteed by, the United States." As such, this Constitutionally-enumerated right has been held by the Court to be among the most absolute of fundamental rights.

Notice, however, that the right conferred is the "right of the people peaceably to assemble". Thus, the purview of this right extends only to such assemblies that are not causally coincident to a breach of the peace.

The Court has also held local laws requiring the obtaining of permits to be generally constitutional, as they facilitate law enforcement monitoring of whether or not breaches of the peace occur, as incidents of such assemblies.