How the Supreme Court could decide the future of broadcast television

[Commentary] The latest legal defeat for big TV broadcasters against the start-up company Aereo could lead to a Supreme Court showdown over your ability to get free television signals.

Aereo’s successful legal strategy, so far, is based on a 2008 ruling in the United States Court of Appeals for the Second Circuit. The case of Cartoon Network, LP v. CSC Holdings found that Cablevision had the right to record Cartoon Network programs using a DVR service that Cablevision hosted for the benefit of its subscribers. In a July 2012 ruling, a U.S. district court denied the broadcasters’ request for an injunction against Aereo, which is only marketed in New York City, citing the Cartoon Network decision. The judge in that case said without the Cartoon Network precedent, the broadcasters would have likely gained the injunction, based on copyright laws. In the long run, networks could be forced to rethink their business strategy about offering free TV signals if they lose the Aereo case. But such a decision would also face Congressional and Federal Communications Commission scrutiny. About 10 percent of people still watch TV using an antenna and not cable, which is enough of an audience to make advertising concerns another critical factor.

[Bomboy is the editor-in-chief of the National Constitution Center]