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 Indiana, 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 Indiana have the right to gather for peaceful protest, public demonstrations, and other assemblies for the purpose of expressing their views on matters of public concern. The U.S. Supreme Court has also recognized a broader right to freedom of association and belief, which is derived from the First, Fifth, and Fourteenth Amendments, allowing individuals to form and join groups for expressive purposes without undue government interference. However, this right is not absolute and does not extend to assemblies for purely social purposes or for the purpose of engaging in or promoting illegal activities. Additionally, while the government generally cannot force a group to disclose its members' identities or deny benefits based on group membership, there may be exceptions, particularly when national security or other compelling state interests are at stake. It is important to note that while the right to assemble is federally guaranteed, states and municipalities, including those in Indiana, may impose certain time, place, and manner restrictions on assemblies to ensure public safety and order, provided these restrictions are content-neutral and narrowly tailored to serve a significant government interest.