Is anyone surprised that FOX didn't reveal all the facts? The snopes article states that they averaged about 15 people - which was the major reason for saying they needed a major land use permit. (I still don't agree, but it contrasts with FOX' news quote that says they just wanted to "have a few friends over.")
Second, if this really was just a few friends, you can bet that the ACLU would be all over it - they'd be defending the right to a religious assembly. I know the ACLU gets a bad rap among conservatives, but they've defended Christians before. For example:
* The ACLU of Virginia (2004) threatened to file suit against the Fredericksburg-Stafford Park Authority after it enacted an unconstitutional policy prohibiting religious activities in the park. The Park Manager had prohibited a minister from the Cornerstone Baptist Church from conducting baptisms in the park, but under pressure from the ACLU the park revoked the prohibition and allowed the minister to conduct the baptisms.
* The ACLU of New Jersey (2006) filed a friend-of-the-court brief asking a federal court to uphold an elementary school student’s right to sing “Awesome God” in a voluntary, after-school talent show for which students selected their own material
* The ACLU of Louisiana (2006) filed a lawsuit defending the free speech rights of a Christian who was protesting based on his religious beliefs. The man was chased away from the front of a Wal-Mart store where he was carrying a sign that read: “Christians: Wal-Mart Supports Gay Marriage and Gay Lifestyles. Don’t Shop There.”
* The ACLU of Rhode Island (2006) filed an appeal in federal court on behalf of an inmate who was barred from preaching during Christian religious services, as he had done for the past seven years under the supervision and support of prison clergy. The prisoner, Wesley Spratt, believes his preaching is a calling from God. Prison officials cited vague and unsubstantiated security reasons for imposing the preaching ban on Mr. Spratt. The ACLU argued that the ban violates the religious freedom guaranteed to Mr. Spratt under federal law.
* The ACLU of Georgia (2006) filed a federal lawsuit on behalf of the Tabernacle Community Baptist Church charging that the city of East Point, Georgia violated a federal religious discrimination law when it denied the church a zoning permit needed to establish its house of worship.