What determines whether a gathering constitutes a public assembly?

The determination of whether a gathering constitutes a public assembly is primarily influenced by the number of attendees present. Public assemblies typically involve a significant number of individuals coming together for a common purpose, which raises the potential for public interest and impact. This threshold of participant numbers is crucial because it differentiates organized gatherings from private or small group meetings which do not usually attract public attention or require regulatory oversight.

While the location of the gathering, the subject of the assembly, and the time of day can also play roles in how public assemblies are assessed, they are secondary to the aspect of participant numbers. For example, a large number of people protesting in a public park may be deemed a public assembly, whereas a small group in someone's home would not qualify, despite the relevance of other factors. The focus on attendee count reflects the importance of scale in public gatherings and helps authorities assess the need for regulation, safety measures, and logistical support.