Something tells me you don't really know how to interpret the constitution. No one's right to assembly has been impaired. They are free to assemble still. What part of that don't you understand? They just can't sleep in the park. No law has been passed barring them from assembling. No injustice has been served.
Then it's not really a right to assemble peacefully, now is it? It's like, the alien and sedition laws during Adam's administration; the law tried to outlaw certain forms of free speech, it didn't outlaw
all forms, but it was unconstitutional because it tried to outlaw opposition to the President. Your argument would basically be that the alien and sedition laws were fully constitutional becuase it only prevented certain kinds of free speech, and that is a horrible argument to make.
Their right to assemble has most certainly been impaired, as they're not being allowed to assemble and protest in the manner they see appropriate to get their message across.
It's like saying that being rejected for a gun license is against the second amendment if you don't qualify for owning a gun license under federal or state laws.
You're completely overlooking the fact that, say, a mentally insane poses a direct threat to other people if he has a gun, which too easily violates the definition of liberty this country is founded upon. As I've said time and time again, our rights stop at the direct harm of other people. If protestors tried to occupy a hospital, surgery rooms, etc, I'd say that is no longer in their right. When some protestors basically penned people in a building in DC, I'd say that also crosses the line. I have never once said that you have an unmitigated, full out right to assemble wherever, and however you want; I've said that OWS does not violate those principles, as it does not, and therefor it is unconstitutional to abridge their right to assemble.
And just fyi, I think in terms of pure constitutional law, gun licenses and the like border on unconstitutionality. The problem is that since the second amendment was written, gun and warfare technology have drastically changed. This isn't really applicable to the first amendment; free speech is still the same, so are religions, so are protests and assemblies to protest the government. The second amendment has become outdated due to technology, the first amendment has not. I think the second amendment needs to be drastically updated and modified to fit the reality we currently live in. If you ask me my opinion, I more or less think there should be more gun control; if you ask me what is currently legal to do, under the constitution, I'd say it's unconstitutional and it needs to change. Those are different questions with different answers.