No he shouldn’t be prosecuted

The Herald reports:

Police have decided not to take any action against a West Auckland pastor who said gay people should be shot “through their head the moment they kiss”.

Which is the right thing to do. Saying offensive things is not something the criminal law should concern itself with.

Robertson said he told police that he was not personally threatening to kill anyone.

“I’m not saying I’m going to go out and kill anyone, I’m just saying that’s what the law of the land should be. Obviously there would have to be a trial and all the rest of it,” he said.

It is a repugnant view. But so was the view of a former Labour MP that stoning gays is acceptable as it is in the Koran. And the view that apostates should be executed is equally repugnant.

Otago law school dean Professor Mark Henaghan said the case showed a need for a more general law against “hate speech” beyond the area of racial disharmony.

“To me it shows a gap in our law,” he said. “I think this is almost a poster case for why we should have [a law against] hate crime.”

This is exactly why we should not have such a law. Actions should be illegal, not speech except speech that directly incites violence.