ASSEMBLY, Right of. The first amend ment to the Constitution of the United States provides that "Congress shall make no law abridging the right of the people peaceably to assemble and to petition the government for a redress of grievances?) This guaranty is con tained also in the various State Constitutions, but it cannot be understood to limit assem blages which have for their object the petition ing of government for a redress of grievances. Unless the public peace, security or welfare be endangered by the exercise of the right to assemble, this guaranty against legislative pro hibition would extend protection to assemblies for social, religious or political purposes, but if the assembly be conducted in such a manner as to result in public inconvenience, or if the right to assemble be used to promote unlawful purposes, the right may be restricted. The
amendment to the national Constitution is a limitation only on the powers of the national government. These constitutional provisions, however, do not protect the right of assembly against arbitrary interference of administrative or judicial officials. Such interference, of course, is illegal and the injured party has remedy in an action at law for damages or a criminal proceeding under Federal or State statutes. Theoretically the constitutional pro visions are adequate to protect the right of assembly, but in practice they have not always been found sufficient to prevent occasional in fringement. The unauthorized and often in discreet use of the powers conferred upon or possessed by administrative or judicial officials constitutes the chief danger to the due exercise of the right.