unlawful assembly

unlawful assembly, gathering of persons for the purpose of committing either a crime involving force or a noncriminal act in a manner likely to terrify the public. The extent to which a government penalizes disorderly assemblies often reflects the political value that it places on the right of assembly.

In Anglo-American law an assembly of persons is unlawful if the participants share a common illegal purpose, regardless of whether steps are taken to effect that purpose. Thus, it is distinguishable from rout and riot, which require more than mere intent (see riot). In Canada an assembly is unlawful not if it has an unlawful purpose but, rather, if it causes persons in the vicinity to fear that the assembly will disturb the peace tumultuously or cause others to do so. In some U.S. jurisdictions two persons are enough to constitute an assembly. In India five persons are required.

The continental European codes usually subsume the offense of unlawful assembly under the heading of resistance to public authority. Some constitutions in code-law countries follow the U.S. Constitution in guaranteeing freedom of assembly. But the administrative authority vested in local police forces to control the use of public parks and roads and, if there is a danger of violence, to disperse crowds can be misused to justify interference in many public gatherings that are innocent in their purpose. See also disturbing the peace.