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 Texas, 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 Texas have the right to gather for peaceful protest, public demonstrations, and other forms of civic engagement without fear of unwarranted government interference. 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 the promotion of 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. Texas state statutes and local ordinances must comply with these constitutional protections, but they may regulate the time, place, and manner of assemblies to ensure public safety and order, provided such regulations are content-neutral and narrowly tailored to serve a significant governmental interest.
