What is the test for a constitutional argument that someone has a constitutional right to participate in a peaceful protest?

"New York", United States of America

The following excerpt is from People v. Pettigrew, 332 N.Y.S.2d 33, 69 Misc.2d 985 (N.Y. Dist. Ct. 1972):

'Such an argument has as its major unarticulated premise the assumption that people who want to propagandize protests or views have a constitutional right to do so whenever and however and wherever they please. That concept of constitutional law was vigorously and forthrightly rejected [69 Misc.2d 994] in (the two Cox decisions).' (Adderley v. Florida, Supra, at pp. 47--48, 87 S.Ct. at p. 247).

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