Constitutional Insights with Justice Albie Sachs: Freedom of Expression

https://youtu.be/lfavbVKbB1E

Justice Albie Sachs explores freedom of expression in South Africa, tracing its constitutional importance to resistance against apartheid censorship. He argues that open debate, artistic freedom and criticism are essential, while recognising that words can wound and reinforce discrimination. Drawing on examples involving racism, homophobia and liberation songs, Sachs explains how historical context and existing inequalities shape assessments of harmful speech. He distinguishes between his personal opposition to inflammatory struggle songs and his acceptance of court rulings protecting them. Ultimately, he presents freedom of expression as a contextual right that must be understood alongside dignity, substantive equality and South Africa’s history.