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The offenses of unlawful assembly and failure to disperse target conduct that, if peaceful, is protected by the First Amendment. Therefore, similar to disorderly conduct offenses, statutes proscribing this type of conduct are subject to strict scrutiny, must be narrowly tailored, and must be supported by a compelling government interest, or they are vulnerable to attack under the First Amendment 1 or as void for vagueness and overbroad.
Figure 12.4 Potential Constitutional Challenges to Unlawful Assembly and Failure to Disperse Statutes
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