What Americans Should Learn From South Africa's Hate Speech Laws | the Honorable Mark Oppenheimer

Mark Oppenheimer on apartheid, censorship, and the weaponization of the law. Mark Oppenheimer is a practicing advocate and member of the Johannesburg Bar. He has appeared in the Supreme Court of Appeal and the Constitutional Court in a series of cases that seek to determine the boundaries of freedom of expression. Mark has authored submissions to Parliament on the Hate Speech Bill and to the UN Committee for the Elimination of Racial Discrimination on escalating racial tensions. He has also presented an oral submission to parliament on expropriation without compensation. Oppenheimer has been interviewed on eNCA, CNBC Africa and Cliff Central to discuss the bill of rights and the rule of law. Along with Gwen Ngwenya, he hosted the podcast Freedom Versus and he currently hosts the popular philosophy series Brain in a Vat. He is co-author of the Conversations about Philosophy Book Series. This discussion was moderated by UATX University Dean Ben Crocker. It was recorded on November 4, 2025 at UATX. 00:00 – Preview 00:47 – South Africa after apartheid 05:42 – Equity vs. equality 08:43 – South Africa confiscates land without compensation 09:53 – Blame 12:10 – Should "hate speech" be criminalized? 18:18 – The case of Jon Qwelane 20:05 – Are some flags criminal? 22:07 – "Shoot to kill" 23:07 – Have you offended someone in power? 26:02 – A canary in the coal mine 29:29 – What's next? 31:45 – Q&A: In defense of deregulation 34:52 – Q&A: Politicians are divided by spoils, not policy 38:07 – Q&A: The role of foreign actors 40:14 – Q&A: Can we draw a clear line on free speech? 42:38 – Q&A: When is revolution necessary? 44:22 – Q&A: The British have a serious free speech problem, too 46:00 – Q&A: Why people commit racially motivated crimes Links University of Austin (UATX): https://uaustin.org UATX on X: https://x.com/uaustinorg Apply in less than 5 minutes: https://application.uaustin.org Mark Oppenheimer on X: https://x.com/AdvOppenheimer Mark Oppenheimer's publicatons: https://markoppenheimer.co.za/project...