" Zack and Miri " was also a possibility for an NC-17 , considered the kiss of death by studios because of distributing and marketing challenges , until Smith argued its merits to the ratings board and received an R. Since " Clerks , " Smith 's films have been almost wistfully romantic ( " Chasing Amy , " " Jersey Girl " ) or as joyfully profane as " Clerks " ( " Dogma , " " Clerks II " ) .