The district courts and appelate courts already did in deciding that freedom og assembly can be curtailed in support of national health emergency., plus also decided that freedom of religion does not grant absolute right over government laws in the interest of national health or reasonableness standard.
First Amendment protections, while broad, are not absolute. Regan v. Boogertman, 984 F.2d 577, 579 (2d Cir. 1993) (citing Elrod v. Burns, 427 U.S. 347, 360, 96 S. Ct. 2673, 49 L. Ed. 2d 547 (1976)). It is axiomatic, for instance, that government officials may stop or disperse public demonstrations or protests where "clear and present danger of riot, disorder, interference with traffic upon the public streets, or other immediate threat to public safety, peace, or order, appears." Cantwell v. Connecticut, 310 U.S. 296, 308, 60 S. Ct. 900, 84 L. Ed. 1213 (1940). Indeed, where a public gathering threatened to escalate into racial violence and members of a hostile crowd began voicing physical threats, the Supreme Court expressly sanctioned police action that ended the demonstration and arrested the speaker, who defied police orders to cease and desist. Feiner v. New York, 340 U.S. 315, 317-21, 71 S. Ct. 303, 95 L. Ed. 295 (1951). The police, the Court reasoned, were not "powerless to prevent a breach of the peace" in light of the "imminence of greater disorder" that the situation created. Id. at 321, 71 S. Ct. 303.
-- US Court of Appeals for the Second Circuit - 465 F.3d 46 (2d Cir. 2006)
