MemorandumMemorandum toto ClientsClients June 2014 News and Analysis of Recent Developments in Communications Law No. 14-06 The Supremes have spoken . now it’s the Swami’s turn. The Supreme Court’s Aereo Decision: What It Says, What It Means By Kevin M. Goldberg
[email protected] 703-812-0462 [Editor’s Note: As we have reported on CommLaw- eas with which it is familiar. And it also tried hard to make Blog.com, the Supreme Court has reversed the Second Cir- sure that its decision will not disrupt what it believes it cuit in the Aereo case, giving the TV broadcasting industry knows about new media, such as cloud computing. a major victory. Yes, that’s the result that the Swami, Kevin Goldberg, had predicted. So we asked him to review Let’s take a look at Breyer’s majority opinion (which was the two opinions out of the Supremes – Justice Breyer’s joined in by Chief Justice Roberts and Associate Justices majority opinion and Justice Scalia’s dissent – and let us Kennedy, Ginsburg, Sotomayor and Kagan), and then the know what he found. Here’s his report – but note that we dissent by Scalia (writing for himself and Justices Thomas are dispensing with our routine summary of what Aereo is and Alito). Then I’ll field some questions that I’ve been fre- and how the case got to the Supremes. If you’re just getting quently asked. to the Aereo party now and don’t know the background, check out our blog’s extensive Aereo-related coverage at The Majority Opinion this link.