This matter first came to the attention of this division of the Court on March 15th after plaintiffs filed a motion for injunction pending appeal and defendants opposed the motion. Because the three judges did not agree that an injunction pending appeal should issue forthwith, no injunction was then issued; but we did agree that the briefing and hearing on the merits of the appeal from the denial of the preliminary injunction should be accelerated, and oral argument was heard on April 18, 1974. We reverse.
Plaintiffs seek a preliminary injunction ordering the defendants to accept their public announcement (Appendix, for posting in the Chicago Transit Authority’s vehicles and stations. In December 1973, the plaintiffs had sought to place this announcement with the CTA by contacting Metromedia, Inc., CTA’s advertising agent. Metromedia tentatively accepted the announcement pending Chicago Transit Authority approval required for any potentially controversial announcement. Defendant Buck, Director of Communications and Marketing for CTA, refused to accept the announcement. Plaintiffs attempted to discuss defendant Buck’s decision with one or more members of the CTA Board, also defendants in this case, but received no response.
Plaintiffs then filed a motion for a preliminary injunction. This was denied by the district court on March 1, 1974, and that denial is the subject of this appeal. The district court found *38that the CTA has had a uniform policy of rejecting advertisements similar to the one in question. But that court also indicated that the CTA has accepted advertisements which promote candidates for political office, advertisements which express an opinion on the issue of a Regional Transit Authority and at least one advertisement setting forth an anti-Vietnam War position (acceptance of which was part of a settlement of federal litigation). The district court found that these advertisements are political in a different sense from the one that the plaintiffs want posted. At this time, we do not see any essential difference between the plaintiffs’ announcement and these other advertisements as far as their political nature is concerned. It thus appears that the plaintiffs are likely to be ultimately successful on the merits. Wirta v. Alameda-Contra Costa Transit District, 68 Cal.2d 51, 64 Cal.Rptr. 430, 434 P.2d 982 (1967); Kissinger v. New York City Transportation Authority, 274 F.Supp. 438 (S.D.N.Y. 1967); Hillside Community Church, Inc. v. City of Tacoma, 76 Wash.2d 63, 455 P.2d 350 (1969); see also Police Department of Chicago v. Mosley, 408 U.S. 92, 92 S.Ct. 2286, 33 L.Ed.2d 212; Lee v. Board of Regents of State Colleges, 441 F.2d 1257 (7th Cir. 1971) ; cf. Wolin v. Port of New York Authority, 392 F.2d 83 (2d Cir. 1968), certiorari denied, 393 U.S. 940, 89 S.Ct. 290, 21 L.Ed.2d 275. Given the nature of this announcement and the involvement of First Amendment rights, the plaintiffs would suffer irreparable injury if they are not granted a preliminary injunction at this time.
Accordingly, the trial court’s order of March 1, 1974, is reversed and remanded for the entry of a preliminary injunction directing defendants-appellees to authorize and direct Metromedia, Inc. to accept the plaintiffs’ announcement attached as the Appendix to this order for placement in CTA vehicles and stations in accordance with Metromedia’s normal policy.
The mandate shall issue April 29, 1974.
APPENDIX
To
IMPEACH NIXON
Call: 475-5466
Impeach Nixon Committee 1043A Chicago Avenue Evanston, Illinois 60202