The First Amendment to the United States Constitution provides that Congress shall make no law abridging (curtailing) the right of the people to peaceably assemble. And the U.S. Supreme Court has determined that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. But this right to freedom of assembly is limited to First Amendment purposes and does not include a right to assemble for social purposes or to engage in or promote illegal activities. And when there is a right of association, the government may not require the group to disclose the identity of its members, or deny government benefits on the basis of current or past membership in a group.

In Delaware, as in all states, the right to peaceably assemble is protected under the First Amendment of the United States Constitution. This means that individuals and groups in Delaware have the right to gather for peaceful protest, public demonstrations, and other expressive activities without undue interference from the government. The U.S. Supreme Court has also recognized a broader right to freedom of association and belief, which is protected by the First, Fifth, and Fourteenth Amendments. This encompasses the right to associate for expressive purposes, such as political, religious, or social advocacy. However, this right is not absolute and does not extend to assembling for purely social purposes or for activities that are illegal. Additionally, the government is generally prohibited from forcing groups to disclose their membership lists or from denying benefits based on an individual's current or past membership in a particular group. Any restrictions on the right to assemble or associate in Delaware must be narrowly tailored to serve a significant government interest and must not unnecessarily infringe upon these constitutional protections.