Thursday night, President Obama announced an executive action that will protect millions of undocumented immigrants and restructure the United States’ priorities when it comes to immigration enforcement. And he used some fighting words. Obama stated:

The actions I’m taking are not only lawful, they’re the kinds of actions taken by every single Republican president and every Democratic president for the past half century. And to those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill.

Obama’s speech–just weeks after the Democrats basically got trounced in the midterms–was powerful, and regardless of how both his political allies and opponents are acting on the Hill, will make a real difference in the lives of millions of people who call America home.

But if you were interested in watching this speech, you may have had a hard time finding it. The big TV networks–ABC, NBC, FOX, and CBS–chose not to air the speech. Instead, CBS presented an episode of The Big Bang Theory; Fox network viewers saw Bones; and viewers tuning to NBC were able to enjoy The Biggest Loser: Glory Days.

While cable stations like Fox News, CNN, and Univision carried it, the big four networks chose not to and opted for their regular programming instead. That was their choice. When the President is giving an important speech, the White House can put in an official request that the speech be carried. In this case, the White House did not, apparently after hearing from networks that they weren’t too enthusiastic to postpone their normal programming. At one point, a supposed network insider called the speech too “overtly political.”

Obviously, this choice on the networks’ part wasn’t just about politics–it was about money. In today’s epoch of pretty predictable political apathy, you get more viewers when you show beloved shows like Shonda Rhimes’ Grey’s Anatomy than when you show the same President Obama speech on immigration that every other network has access to. And when you get more viewers your advertisers are happy. And then you make more money. It’s a pretty simple equation.

The story gets more complicated than that though. You see, stations like FOX, NBC, ABC, and CBS are national, but each place has their local affiliate that actually controls what that locale sees. That’s why I, living in D.C., can watch NBC but see a different morning news team than my parents living in Connecticut. There is some flexibility, apparently, because a few local affiliates gave a big middle finger up to their national stations, and showed the speech anyway. POLITICO found that:

A quick look at some major media markets found that the NBC affiliates in New York, Washington, Atlanta, Chicago, Dallas and Phoenix; the ABC affiliates in Washington, Chicago, Boston and Kansas City; the Fox affiliates in Boston, Chicago, Dallas and Miami all aired the speech live. CBS affiliates were less likely to air the speech when it fell during the hit show “The Big Bang Theory,” though several of their affiliates outside the East Coast did air it live.

There seems to be fodder for an interesting internal struggle here–networks balked at the idea of showing Obama’s speech for presumably centrally financial reasons. But not everyone was willing to play ball, and the places where the speech ended up being shown are certainly illuminating. With a few exceptions, it seems like channels that showed the speech were in either more liberal areas, or areas like Dallas and Miami, known for larger immigrant populations. As strategic as the call was to not show the speech by big networks, the local stations took their own strategies into account.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Where Could You Watch Obama’s Speech? Depends Where you Live appeared first on Law Street.

In 2012, a new company called Aereo launched. It offered a revolutionary new way to watch TV. Essentially, Aereo provides subscribers with a small antenna about the size of a dime that receives TV signals. The dime is kept in a remote local area and then streams TV to any device in the house with Internet access such as a computer, tablet or smartphone. In addition, it’s possible to send the content to an actual TV if you have the correct cables or a streaming device such as Apple TV. Aereo also includes a DVR feature. All of this is extremely cheap–it costs about $1 a day, plus some DVR storage charges. Aereo began in New York City, and now includes Atlanta, Dallas, Denver, Detroit, Houston, Miami, and Salt Lake City. They have plans to expand to most other major cities in coming years. Aereo mostly streams basic channels and public access–not cable. For some more background on the company from the Intellectual Property side, check this out. 

Aereo is a great solution at a time when more and more people, mainly young people, can access most of their TV needs online. Services like Netflix and Hulu+ are cheaper than a traditional cable plan. Itunes allows you buy a subscription to one show for a season, which is convenient when you only want one show on a given cable network. I don’t have a TV or cable package–people are always shocked when I tell them this, but a combination of Netflix, inviting myself to watch shows at friends’ houses, and other internet sources work just fine for me. Earlier this year, a tech reporter for HuffPost reviewed Aereo and was pretty happy with the convenience for a cheap price.

Almost as soon as Aereo started, it received ire from the largest broadcasting companies. ABC, NBC, CBS, and FOX are officially involved in lawsuits, while other networks, such as Univision, have voiced their support for their fellow networks. The case has gone through a few series of appeals, and as on Friday, the Supreme Court announced their decision to take the case. On every appeal, the courts have so far sided with Aero.

The legal argument made by the broadcasting companies boils down to the fact that they are not receiving compensation for Aereo’s services, the way they do from a company such as Verizon or a local provider. Aereo also doesn’t have a license to show any of this content. Paul Clement, a lawyer for the network stated the case raised issues in copyright law that, “profoundly affect, and potentially endanger, over-the-air-broadcast television.”

Aereo’s response is that they do not create public performances, which law prevents, but because they just send individual signals, that is not the case. They just access the signals that the TV channels have broadcasted, and that consumers have always had the right to use antennas to access TV. The court has sided with Aereo twice on that argument so far, but the start-up still encouraged the Supreme Court to take the case.

The case does have some interesting potentially implications. For example, if Aereo wins, some broadcasting companies may move towards subscription streaming (FOX has already threatened this), which would be costly and difficult.

The ultimate question at issue here is, as it seems to be so often these days, the intersection between law and technology–technology has clearly outpaced the law. But is that a bad thing? The Supreme Court will shed some light on that topic in coming months.

[ABC News]

—

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Miguel Pires da Rosa via Wikipedia]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post TV Streaming Makes it to Supreme Court appeared first on Law Street.