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 Kansas, as in all states, the First Amendment of 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, particularly for expressive purposes, is an integral part of the First Amendment. However, this right is not absolute and does not extend to assembling for purely social purposes or to further illegal activities. Kansas state statutes and local ordinances must respect these constitutional protections but can regulate the time, place, and manner of assemblies to ensure public safety and order, provided such regulations are content-neutral and narrowly tailored. Additionally, the government is generally prohibited from forcing groups to disclose their membership lists or from discriminating against individuals based on their association with certain groups, unless there is a compelling state interest that is closely fitted to this specific need.