The movie theater manager is correct. In the landmark court case Miller v California (1973), the Supreme Court, with the First Amendment, defined obscenity as “appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value”. In this case of Jacksonville, the average people are the passengers on the street. The movies containing nudity are not necessarily lack of the values mentioned above. For example, the theater can show documentaries about human’s anatomy, which has scientific value. Moreover, the passengers can choose to look away when they see such scenes on the screen and avoid it the next time. Showing nudity does not creates clear-and-present-danger test of illegal acts,