The right to assembly and to form associations is implied in the right to speech. This right, too, is an elementary right of man.
Associations, according to Gierke and Maitland, are instinctive to man. The pluralists even regard the State as an association.
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There is no doubt that the individual can impress his views only by acting with his fellows, and there are so many objectives which he cannot achieve singly but only in association with others.
It is, accordingly, necessary that citizens should be free to form associations and assemble very often to discuss and propagate their views. In all matters of public interest and policy they should be free to publicly discuss and express honest opinion. It also includes the right of petition and protest.
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But the right to association is limited by the necessities of the State. So long as States preserve their sovereign national character, we cannot accept the proposition that the- State is an association. It is a sovereign State and it must ensure its continued existence. If the object of any association is to overthrow the State, it cannot be allowed to exist.
The State may declare an association or a public meeting unlawful, if a breach of peace or the security of the government established by law is apprehended. The State may, also, prohibit an association which has become so powerful an engine of political strength as to endanger its existence.