RIGHTS WATCH : Guilt and Innocence

The fundamental American legal principle that a person charged with a crime is innocent until proven guilty is being severely tested in the sad case of Pee-wee Herman. But the principle is so important that it must triumph over any tendency to prejudge the allegations against the actor.

One fact not in dispute is that Florida police arrested one Paul Reubens (a.k.a. Pee-wee Herman) in a pornographic movie theater in Sarasota. Another fact not in dispute is that in the wake of his arrest for indecent exposure (Florida Statute 800.03) the CBS television network canceled scheduled summer reruns of his Saturday morning television show, “Pee-wee’s Playhouse.” And Disney-MGM Studios in Florida has stopped showing a video starring Reubens, who has no other professional identity except as Pee-wee Herman, on its theme-park tour.

The only fact in dispute is what Reubens did. Attending an adult movie theater is not illegal, though it may be asked of an actor heretofore idealized by children whether that was inherently wise. Public exposure in Florida is illegal and apparently so serious a threat to law and order in that state that a sheriff had assigned three detectives to the stakeout that resulted in Reuben’s arrest.

Be that as it may, only a judge and a jury can reach a determination of fact. Under our system the police can bring a charge, but it is no more than an allegation. To permit it to be otherwise would be to endow the police with extraordinary police-state powers.

Until proven guilty, Reubens is an innocent man.