Obscene speech is always unprotected speech. When states ratified the First Amendment, many already criminalized obscene speech. They saw no conflict between the amendment's speech protection and bans on obscenity and profanity. Obscenity law, as intially defined in R. v. Hicklin, assumed that one bad word could render an entire work obscene. Over time, courts tempered obscenity bans by considering a work as a whole, and whether any questionable language was offset by the work's scientific, artistic, or social importance.We look at Hicklin; the obscenity trials in the UK of Henry Vizetelly for publishing translations of Emile Zola novels; the US Senate debates in 1929–30 on an obscenity clause in a new tariff bill; and the regulation of obscenity in film, and on radio and later, TV. Although the definition of obscene language remains difficult to pin down, courts assume "you'll know it when you see it." In practice, although obscenity remains outside the law, defining what counts as obscene has swept more and more language that was once considered obscene into the category of protected speech.

This chapter considers the question of prejudice and ethnic consciousness by exploring anti-Haitian slurs and insults uttered amid arguments and public disturbances in 1930s border communities. The rise of Trujillo corresponded with a modest increase in ethnically charged public incidents. By 1930, Haitian ethnicity was becoming increasingly stigmatized as the act of calling someone Haitian began to appear in courtroom records of fights and public scandal. While ethnic Haitians were fully accorded the rights of residency through the 1920s, they were generally considered an ethno-national other. Despite their status as citizens according to the Dominican constitution, locally born ethnic Haitians were seen as belonging to a foreign ethnic type. From the testimonies of ethnic Haitians, it is clear that they too considered themselves an unmistakably distinct ethnic identity. Cases of “public scandal” involving ethnic Haitians record the occasionally profane and offensive ways in which Haitian ethnicity became increasingly stigmatized. Utterances such as haitiano come mierda, haitiano come gente, or negro del diablo, offer rare glimpses into popular anti-Haitian sentiment. While ethnic tension increased during the 1930s, until 1937 ethnic Haitians sometimes received protection from local officials. These contradictions exemplify the changing nature of the pre-1937 border.