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 New Hampshire, 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 New Hampshire 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, which extends to beliefs and expressive association, protected by the First, Fifth, and Fourteenth Amendments. However, this right does not extend to assemblies for purely social purposes or for the promotion of illegal activities. Furthermore, the government is generally prohibited from forcing groups to disclose their membership lists or from denying benefits based on an individual's association with a particular group. New Hampshire state statutes and local ordinances must comply with these constitutional protections, and any restrictions on assembly must be narrowly tailored to serve a significant government interest and leave open ample alternative channels for communication.