Abortion Protestor’s Arrest and Release Raises Questions About Free Speech Limits

Holding a sign critical of abortion—and debating the issue with students—was enough to get Paul Burns arrested, handcuffed, and taken to police cells.
Burns was charged with public disorder, leaving him with the prospect of a $1,000 fine and a criminal record.
According to police, he had been speaking with “an intent to offend.”
Ahead of his trial, the charges were upgraded to “disorderly behaviour likely to cause other people to behave violently.”
On a Sunday in March, Burns was standing on Lambton Quay—a busy street in Wellington—outside a branch of Lululemon, holding a sign that said, “$100 to the 1st person who proves that slavery is more evil than abortion.”
He was approached by a group of young people, one of whom argued that abortion was justified due to overpopulation, which was causing climate change.
Burns responded asking, “If you think that the world is overpopulated, then why don’t you kill yourself?”
Burns’ case was then taken up by the New Zealand Free Speech Union (NZFSU) with its chairperson, Dr. Roderick Mulgan (a barrister and medical doctor) agreeing to provide pro bono representation.
“Paul Burns has a strong view on abortion—one that I don’t share,” Mulgan explained. “But far be it for me to let that get in the way of us defending his speech rights.
“Paul feels so strongly about abortion that he wants to debate it in public, and he puts his own money on the line to do so.
“He stands on the street in Wellington with his sign and debates his opinion with anyone who chooses to stop and engage with him. He is forceful but polite and respectful and only locks horns with people who are interested.
The statement was repeated multiple times to a group of young people. However, is protest activity and sign were not an issue, according to police.
They say the charge was eventually dismissed as it did not meet the threshold for a likely conviction.
“New Zealand Police recognises everyone has the right to protest and freedom of expression however, everyone has the right to go about their day without being intimidated,” the spokesperson said.
“It is unacceptable to be punished for engaging in debate and holding strong views on a subject, no matter how provocative,” she said. “That is not how democracy works.”
The Free Speech Union says it currently has half a dozen cases before the courts or tribunals, defending people who have been charged with a crime for saying things deemed “offensive.”