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Protests And Assembly

G.L. c. 269, § 2 — refusing to depart from an unlawful assembly when required, up to one year

The command. If five or more persons armed with clubs or other dangerous weapons, or ten or more persons armed or not, are unlawfully, riotously or tumultuously assembled, the officials the section lists go among them, or as near as is safe, and command them in the name of the commonwealth to disperse immediately and peaceably.

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Refusing to depart. Whoever is present and refuses or neglects to depart when required by the magistrate or officer is considered one of those unlawfully assembled, and is punishable by imprisonment for not more than one year or a fine of not less than one hundred dollars or more than five hundred dollars, or both.

The right to assemble and to speak comes from the state and federal constitutions, and permits for marches and the use of public places are set by local rules; neither is on this page. Whether a particular order was lawful, or a particular gathering unlawful, is a question of fact and law for a licensed Massachusetts attorney.

Sources for this section (2)
  1. G.L. c. 269, § 1 — Dispersing and suppressing unlawful assembly; arresting persons
  2. G.L. c. 269, § 2 — Refusing or neglecting to depart or to assist in suppressing assembly

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.

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