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

The sign carried by Paul Burns when he was arrested by Police in Wellington, New Zealand. Courtesy of the New Zealand Free Speech Union

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.”

Presumably to prove he was serious, he'd taped $100 worth of notes to the sign, with a note that he was giving out “randomly free chocs.”

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.

“He was speaking with a group of young people when one of them claimed that abortion is not only not evil, it is a good thing because there are too many people in the world. Because of climate change, depopulation is needed, so fewer births are good. To this, Paul asked him, according to that logic, ‘Why don’t you kill yourself?’ That is it. That is what he said.”

Police Say Charge Dropped

A spokesperson for law enforcement told the Epoch Times that the charge of “disorderly behaviour likely to cause violence” related only to the statement: “If you think the world is overpopulated why don’t you kill yourself?”

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.

“Police encourage those thinking of engaging in protests to keep it peaceful and respectful.”

Union Says Incident Sets Dangerous Precedent

Yet the Free Speech Union says the arrest displayed a “dangerous pattern of ‘catch and release,’” according to group’s Communications Manager Nadia Braddon-Parsons.

“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.”