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 York, as in all states, the right to peaceably assemble is protected under the First Amendment of the United States Constitution. This right allows individuals to gather for the purpose of expressing, promoting, pursuing, and defending their collective or shared ideas. 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. This encompasses the right to form, join, and participate in groups and organizations for expressive purposes. However, this right is not absolute and does not extend to assembling for purely social purposes or for 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 in cases involving national security or the prevention of criminal activities. New York State must comply with these constitutional principles and cannot enact laws that would infringe upon these protected rights without a compelling state interest and a regulation that is narrowly tailored to achieve that interest.