Americans often focus on free speech when debating protests, public demonstrations and civic engagement.
But according to John Inazu, the Sally D. Danforth Distinguished Professor of Law and Religion at Washington University in St. Louis, another constitutional protection deserves renewed attention: the First Amendment’s right of assembly.
John Inazu presented “The Right of Assembly in our Democratic Experiment” as part of the spring 2026 course “1776, Then and Now,” offered by the John C. Danforth Center on Religion and Politics. His lecture drew in part from his 2012 book, “Liberty’s Refuge: The Forgotten Freedom of Assembly,” which is available for free under a creative commons license.
“We know, and you know, that our political disagreement feels maybe as sharp as it’s ever been in our lifetimes,” said Inazu, author of the 2024 book “Learning to Disagree: The Surprising Path to Navigating Differences with Empathy and Respect.”
“It might tempt you to think that disagreement itself is the problem, but I want to suggest that our disagreement is actually a sign of our health, because it means more honesty about the differences that we actually have.”
Rather than eliminating disagreement, Inazu said Americans should focus on learning how to navigate it. “The better question, and the one that matters for our lives together, is whether and how we can learn to disagree well,” he said.
A uniquely collective right
“Assembly is the only right in the First Amendment that cannot be exercised alone,” Inazu said. “You cannot assemble alone. Assembly requires at least two people.”
That distinction reflects a deeper truth about human life, he explained. Families, schools, churches, sports teams, unions and clubs shape personal identity and beliefs. The right of assembly protects people’s ability to form and sustain those groups.
“The right of assembly ensures that we can do that on our own terms,” he said.
America’s founders understood the importance of gathering together, whether in town meetings, churches, political clubs or taverns.
“They knew that assembly could be disruptive, destabilizing, but they also knew that without the ability to gather, ordinary people had no way to resist government overreach,” Inazu said.
From a foundational freedom to a forgotten one
Inazu traced the role of assembly through American history, from abolitionist and suffrage movements to labor organizing and the Civil Rights Movement. He noted that for much of the nation’s history, assembly was regarded as one of the country’s core freedoms. Yet over time, the concept faded from public consciousness and constitutional law.
“Today, courts and litigators routinely invoke the free speech clause, and not the assembly clause, when they’re addressing protest situations,” Inazu said.
He argued that modern legal doctrines governing protests often fail to fully account for the unique value of gathering together. Rules that appear neutral still can undermine the effectiveness of public demonstrations by separating protesters from the audiences or events they hope to influence.
Practicing pluralism
For Inazu, the importance of assembly extends beyond constitutional law. It is also a daily practice that shapes how people engage with those who hold different views.
“I want you to think of assembly as first of all a very local practice,” he said. “It’s going to show up in your lives, in the clubs and groups that you join, the neighbors that you meet and the conversations you hold.”
Those experiences can be difficult, he acknowledged.
“If you do it right, it’s going to be messy, because real pluralism, real difference, is messy,” he said.
Yet protecting the rights of people and groups with whom we disagree is central to democratic life, he cautioned.
“Civil liberties are ultimately for losers,” Inazu said. “It’s when you lose (in the political process) that you most need civil liberties.”
Inazu concluded by arguing that democratic societies must preserve space for disagreement, dissent and collective action, regardless of which political faction holds power.
“That breathing space will only be secured with bipartisan and cross-ideological support for the right of peaceable assembly, regardless of politics or party, as we work to live together in spite of our differences,” he said.
John Inazu presented “The Right of Assembly in our Democratic Experiment” as part of the 2026 spring course “1776, Then and Now,” offered by the Danforth Center on Religion and Politics.
