Adam Liptak

Supreme Court Hears Arguments in Aereo Case

The Supreme Court seemed to have conflicting impulses in considering a request from television broadcasters to shut down Aereo, an Internet start-up that the broadcasters say threatens the economic viability of their businesses.

On the one hand, most of the Justices seemed to think that the service was too clever by half. “Your technological model,” Chief Justice John Roberts Jr told Aereo’s lawyer, “is based solely on circumventing legal prohibitions that you don’t want to comply with.”

But Justice Stephen Breyer, echoing sentiments of other members of the court, said “what disturbs me on the other side is, I don’t understand what a decision” against Aereo “should mean for other technologies,” notably cloud computing.

The Justices seemed keenly aware that their ruling would have vast implications for the broadcast industry and for technical innovations involving cloud computing.

Justice Stevens Suggests Solution for ‘Giant Step in the Wrong Direction’

Justice John Paul Stevens, who turned 94 recently, is a mild man with an even temperament. He has a reverence for the Supreme Court, on which he served for almost 35 years until his retirement in 2010, and he is fond of his former colleagues.

But there was a hint of anger in some of his remarks when I went to see him last week in his Supreme Court chambers. He said the court had made a disastrous wrong turn in its recent string of campaign finance rulings.

“The voter is less important than the man who provides money to the candidate,” he said. “It’s really wrong.”

He talked about what he called a telling flaw in the opening sentence of last month’s big campaign finance ruling. He filled in some new details about the behind-the-scenes maneuvering that led to the Citizens United decision. And he called for a constitutional amendment to address what he said was the grave threat to American democracy caused by the torrent of money in politics.