Assembly

The congregation of a number of persons at the same location.

Popularly-elected Political assemblies are those mandated by the Constitution and laws, such as the general assembly.

The lower, or more populous, arm of the legislature in several states is also known as the House of Assembly or the Assembly.

Under the First Amendment to the United States Constitution, "Congress shall make no law … abridging … the right of the people peaceably to assemble." When a governmental unit sets aside property for the public use, the property is designed as a "public forum" for First Amendment purposes, and the governmental unit must properly allow the exercise by the public of constitutional rights, including freedom of assembly. Examples of public forums include sidewalks, parks, and libraries. The right to assemble includes the right to protest, although rights of assembly are generally balanced with the need for public order. The Supreme Court has held that local governments may constitutionally require those participating in public parades first to obtain a permit to do so. However, the Court has held that an organizer of a parade cannot constitutionally examine the content of a message of a parade applicant in determining whether to grant to parade permit. Forsyth County, Ga. v. Nationalist Movement, 505 U.S. 123, 112 S. Ct. 2395, 120 L. Ed. 2d 101 (1992).

Cross-references

First Amendment; Freedom of Speech; Public Lands.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.