Final answer:
The First Amendment ensures the right to assemble and petition, while the Fourteenth Amendment extends this to state actions. Regulations must be content-neutral and reasonable, and permits may be required for public safety. Notably, peaceful assembly cannot be charged as disorderly conduct, as seen in Gregory v. Chicago.
Step-by-step explanation:
The First Amendment guarantees the right of people to assemble peaceably and to petition the government for redress of grievances. The Fourteenth Amendment extends these protections to actions by state and local governments. While the government can place reasonable limits on these rights through time, place, and manner regulations, any restrictions must be neutrally applied and not based on content.
For example, a parade cannot disrupt court proceedings and demonstrators must remain peaceful, even if their assembly leads to discomfort or anger in observers. However, government regulation cannot favor one viewpoint over another and must be carefully tailored to serve a significant governmental interest while leaving open ample alternative channels for communication. Public forums are areas such as streets and parks where demonstrations are commonly held. Moreover, governments may require prior notice and the acquisition of permits for such gatherings to ensure public safety and order.
High-profile cases like Gregory v. Chicago emphasize the principle that non-disruptive, peaceful demonstrations cannot be deemed disorderly conduct. The Supreme Court has ruled that demonstrations can be managed near sensitive locations like abortion clinics, imposing buffer zones to prevent obstructions or harassment. On private property, like shopping malls, the Court has acknowledged that states may interpret their own constitutions to allow for more or fewer protest rights on such property.