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 South Carolina, 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 South Carolina have the right to gather for peaceful protests, demonstrations, and other forms of public expression without fear of government interference, as long as their activities are for lawful purposes and conducted in a peaceful manner. The U.S. Supreme Court has also recognized a broader right to freedom of association, which is derived from the First, Fifth, and Fourteenth Amendments, allowing individuals to form and join groups for expressive purposes. However, this right does not extend to assemblies for purely social purposes or for engaging in or promoting illegal activities. Additionally, the government is generally prohibited from forcing groups to reveal their membership lists or from denying benefits based on an individual's association with a particular group, unless there is a compelling state interest that justifies such actions. It's important to note that while these rights are federally guaranteed, local and state regulations in South Carolina 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.