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 Hawaii, as in all states, the First Amendment to the United States Constitution guarantees the right of the people to peaceably assemble. This right is protected against not only federal infringement but also state and local government interference under the incorporation of the First Amendment through the Fourteenth Amendment. The U.S. Supreme Court has recognized that freedom of association and belief is an integral part of the First Amendment rights. However, this right is not absolute and does not extend to assembling for purely social purposes or to further illegal activities. Additionally, while the government generally cannot force a group to disclose its members' identities or base the provision of government benefits on membership in a particular group, there may be exceptions, particularly in cases involving national security or the prevention of criminal activities. Hawaii's state laws and local ordinances must comply with these constitutional principles, and any restrictions on the right to assemble must be narrowly tailored to serve a significant government interest and leave open ample alternative channels for communication.