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 Jersey, 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 Jersey have the right to gather for peaceful protests, demonstrations, and other forms of public expression 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 activities. However, this right is not absolute and does not cover gatherings with the intent of engaging in or promoting illegal activities. Additionally, while the government generally cannot force a group to reveal its members' identities or deny benefits based on group membership, there may be exceptions, particularly in cases involving national security or other compelling state interests. New Jersey must comply with these federal constitutional protections and cannot enact state statutes that would infringe upon these rights beyond what is allowed by the Supreme Court's interpretations.