The International Union of Operating Engineers requires candidates for union offices to keep most of their campaign websites behind a virtual wall. The only way in is by having a password, given union members.

Is that OK under the rules designed to guarantee union free speech? On Tuesday, the Circuit Court of Appeals for the D.C. Circuit said yes.

The union represents some 396,000 members nationwide, and union leaders say they have good reason to insist on the password-protected requirement. Reasons the union:

"There have been instances where employers have misused information obtained from candidates’ websites to the detriment of . . . Local Unions in organizing campaigns and contract negotiations.”

But Michael Quigley and his allies in seeking some union offices maintain the password requirements crimp their ability to communicate. They argued, according to the appellate court ruling authored by Karen LeCraft Henderson:

"Internet search engines cannot access password protected pages, which, Quigley asserts, will limit a Union member’s ability to find a campaign website using search engines....Moreover, Quigley asserts that Union members will be unable to receive automatic updates regarding changes to campaign websites using Real Simple Syndication (RSS) feeds."

Interesting, hmm? We're starting to enter into the unmapped terrain where old speech rules meet new technology.

The appellate panel concluded that the union's password rules, designed to protect bargaining positions and the like, were reasonable and served a legitimate purpose. "The (requirement),
vote in union elections. Henderson reasoned, "simply establishes a members-only forum for those who are eligible to vote in union elections."