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 West Virginia, as in all states, the First Amendment to the United States Constitution guarantees the right of the people to peaceably assemble. This right is protected against not only federal government infringement but also state government infringement under the incorporation of the First Amendment through the Fourteenth Amendment. The U.S. Supreme Court has extended this protection to include the right to freedom of association and belief. However, this right is not absolute and does not extend to assemblies 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 other compelling state interests. West Virginia must comply with these constitutional principles and cannot enact laws that would infringe upon these rights beyond what is allowed by the Supreme Court's interpretations.