Gail Anderson v. Milwaukee Cnty. & Milwaukee Transp. Servs., Inc., 433 F.3d 975 (7th Cir. 2006). · Go Syfert
Gail Anderson v. Milwaukee Cnty. & Milwaukee Transp. Servs., Inc., 433 F.3d 975 (7th Cir. 2006). Cases Citing This Book View Copy Cite
86 citation events (86 in the last 25 years) across 12 distinct courts.
Strongest positive: Service Employees International Union, Local 73 v. Board of Trustees of the University of Illinois (ilcd, 2025-09-30)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Service Employees International Union, Local 73 v. Board of Trustees of the University of Illinois
C.D. Ill. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
simple common sense is sufficient to uphold a regulation under reasonableness review.
discussed Cited as authority (verbatim quote) Bodies Outside of Unjust Laws v. City Of Chicago
N.D. Ill. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
common sense must not be and should not be suspended when judging the constitutionality of a rule or statute.
cited Cited as authority (rule) Benjamin Schoenthal v. Kwame Raoul
7th Cir. · 2025 · confidence medium
An- derson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Benjamin Schoenthal v. Kwame Raoul
7th Cir. · 2025 · confidence medium
An- derson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Benjamin Schoenthal v. Eileen O'Neill Burke
7th Cir. · 2025 · confidence medium
An- derson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Benjamin Schoenthal v. Eileen O'Neill Burke
7th Cir. · 2025 · confidence medium
An- derson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
discussed Cited as authority (rule) Adams Outdoor Advertising Limited Partnership v. City of Madison
W.D. Wis. · 2020 · confidence medium
Naturally “there are limitations in the English language with respect to being both specific and manageably brief.” Anderson v. Milwaukee Cty., 433 F.3d 975, 978 (7th Cir. 2006) (quoting U.S. Civil Serv.
cited Cited as authority (rule) Doohan v. CTB Investors, LLC
W.D. Mo. · 2019 · confidence medium
When deciding whether a statute is unconstitutionally vague, “[c]ommon sense must not be and should not be suspended.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Taylor v. KC VIN, LLC
W.D. Mo. · 2019 · confidence medium
When deciding whether a statute is unconstitutionally vague, “[c]ommon sense must not be and should not be suspended.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Hand v. ARB KC, LLC. <b><font color=\red\"> DO NOT FILE IN THIS CASE. On 9/22/2022
unknown court · 2019 · confidence medium
When deciding whether a statute is unconstitutionally vague, “[c]ommon sense must not be and should not be suspended.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Ruben Lopez Ramos v. William Barr
7th Cir. · 2019 · confidence medium
An‐ derson v. Milwaukee Cty., 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Ruben Lopez Ramos v. William Barr
7th Cir. · 2019 · confidence medium
An- derson v. Milwaukee Cty., 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Ruben Lopez Ramos v. William Barr
7th Cir. · 2019 · confidence medium
An- derson v. Milwaukee Cty., 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Ruben Lopez Ramos v. William Barr
7th Cir. · 2019 · confidence medium
An- derson v. Milwaukee Cty., 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Hand v. Beach Entertainment KC, LLC. <b><font color=\red\">On 9/22/2022
unknown court · 2019 · confidence medium
When deciding whether a statute is unconstitutionally vague, “[c]ommon sense must not be and should not be suspended.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
cited Cited as authority (rule) Smith v. Truman Road Development, LLC
W.D. Mo. · 2019 · confidence medium
When deciding whether a statute is unconstitutionally vague, “[c]ommon sense must not be and should not be suspended.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
discussed Cited as authority (rule) Higher Society of Indiana v. Tippecanoe County, Indiana
7th Cir. · 2017 · confidence medium
First, it could argue that the courthouse grounds are a nonpublic forum and its speech regulations are “viewpoint-neutral and reasonable.” See Anderson v. Milwaukee Cty., 433 F.3d 975, 979 (7th Cir. 2006).
discussed Cited as authority (rule) Estate of Esther Hussey v. Milwaukee County
7th Cir. · 2014 · confidence medium
Discussion “We review a summary judgment determination as well as any questions of constitutional law under the de novo standard of review.” Anderson v. Milwaukee Cnty., 433 F.3d 975, 978 (7th Cir.2006).
cited Cited as authority (rule) United States v. Edwin Sanchez
7th Cir. · 2013 · confidence medium
Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006).
discussed Cited as authority (rule) Center for Individual Freedom v. Madigan (2×)
7th Cir. · 2012 · confidence medium
E.g., Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
discussed Cited as authority (rule) Van Straaten v. SHELL OIL PRODUCTS CO., LLC
N.D. Ill. · 2011 · confidence medium
A law is void for vagueness if it “fails to give fair warning of what is prohibited, if it fails to provide explicit standards for the persons responsible for enforcement and thus creates a risk of discriminatory enforcement, and if its lack of clarity chills lawful behavior.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006); see also Coe v. Cook County, 162 F.3d 491 , 496 (7th Cir.1998) (“[statutes and other enactments present a constitutional issue of vagueness when they deter constitutionally protected activity, fail to provide even minimum guidance as to people’s lega…
discussed Cited as authority (rule) United States v. Hamdan
M.C. · 2011 · confidence medium
United States v. Carta, 592 F.3d 34, 42 (1st Cir.2010) (citing United States v. Rene E., 583 F.3d 8, 11 (1st Cir.2009), cert. denied, - U.S. -, 130 S.Ct. 1109 , 175 L.Ed.2d 921 (2010)); United States v. Weatherly, 525 F.3d 265, 273 (3d Cir.2008) (citing United States v. Singletary, 268 F.3d 196, 198-99 (3d Cir. 2001)); Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006) (citing Weinberg v. City of Chicago, 310 F.3d 1029, 1035 (7th Cir.2002)) (stating “any questions of constitutional law [are reviewed] under the de novo standard of review”). 15 . 2009 M.C.A. § 950f(d).
discussed Cited as authority (rule) Satawa v. BD. OF COUNTY ROAD COM'RS OF MACOMB
E.D. Mich. · 2011 · confidence medium
See e.g., United Food & Comm’l Workers Local 1099 v. Sidney, 364 F.3d 738, 750-51 (6th Cir.2004); Jacobsen v. Dept., of Transportation, 450 F.3d 778 , 780 (8th Cir.2006); Anderson v. Milwaukee County, 433 F.3d 975, 980 (7th Cir.2006).
discussed Cited as authority (rule) ALABAMA EDUCATION ASS'N v. Bentley
N.D. Ala. · 2011 · confidence medium
In short, a “law is void for vagueness if it fails to give fair warning of what is prohibited, if it fails to provide explicit standards for the persons responsible for enforcement and thus creates a risk of discriminatory enforcement, and if its lack of clarity chills lawful behavior.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006).
cited Cited as authority (rule) People v. Curtis
Ill. App. Ct. · 2011 · confidence medium
App. 3d at 650 (quoting City of Chicago, 224 Ill. 2d at 444 , citing Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006)).
discussed Cited as authority (rule) People v. Curtis
Ill. App. Ct. · 2011 · confidence medium
"Moreover, `when judging the constitutionality of a rule or statute, common sense cannot and should not be suspended.'" Larson, 379 Ill.App.3d at 650 , 319 Ill.Dec. 92 , 885 N.E.2d 363 (quoting City of Chicago, 224 Ill.2d at 444 , 309 Ill.Dec. 770 , 865 N.E.2d 133 , citing Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006)).
cited Cited as authority (rule) Irvine v. 233 SKYDECK, LLC
N.D. Ill. · 2009 · confidence medium
Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir., 2006).
discussed Cited as authority (rule) Kubas v. STANDARD PARKING CORP. IL
N.D. Ill. · 2009 · confidence medium
(Id.) “A law is void for vagueness if it fails to give fair warning of what is prohibited, if it fails to provide explicit standards for the persons responsible for the enforcement and thus creates a risk of discriminatory enforcement, and if its lack of clarity chills lawful behavior.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006).
examined Cited as authority (rule) Horina v. City of Granite City, Ill. (4×)
7th Cir. · 2008 · confidence medium
Although common sense does have its value when assessing the constitutionality of an ordinance or statute, see Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006); Weinberg, 310 F.3d at 1042 , it can all-too-easily be used to mask unsupported conjecture, which is, of course, verboten in the First Amendment context, see Nixon v. Shrink Mo. Gov’t PAC, 528 U.S. 377, 392 , 120 S.Ct. 897 , 145 L.Ed.2d 886 (2000); Weinberg, 310 F.3d at 1030 .
discussed Cited as authority (rule) Horina, Donald N. v. City Granite City IL (2×)
7th Cir. · 2008 · confidence medium
Although com- mon sense does have its value when assessing the con- stitutionality of an ordinance or statute, see Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006); Wein- berg, 310 F.3d at 1042 , it can all-too-easily be used to mask unsupported conjecture, which is, of course, verboten in the First Amendment context, see Nixon v. Shrink Mo. Gov’t PAC, 528 U.S. 377, 392 (2000); Weinberg, 310 F.3d at 1030 .
discussed Cited as authority (rule) People v. Larson
Ill. App. Ct. · 2008 · confidence medium
Moreover, "when judging the constitutionality of a rule or statute, common sense cannot and should not be suspended." City of Chicago, 224 Ill. 2d at 444 , citing Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
discussed Cited as authority (rule) People v. Larson
Ill. App. Ct. · 2008 · confidence medium
Moreover, “when judging the constitutionality of a rule or statute, common sense cannot and should not be suspended.” City of Chicago, 224 Ill. 2d at 444 , citing Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006).
discussed Cited as authority (rule) Iosello. v. Leiblys, Inc.
N.D. Ill. · 2007 · confidence medium
A law is void for being vague and ambiguous if it “fails to give fair warning of what is prohibited, if it fails to provide explicit standards for the persons responsible for enforcement and thus creates a risk of discriminatory enforcement, and if its lack of clarity chills lawful behavior.” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006); see also Coe v. Cook County, 162 F.3d 491 , 496 (7th Cir.1998)(stating that “[s]tatutes and other enactments present a constitutional issue of vagueness when they deter constitutionally protected activity, fail to provide even minimum g…
examined Cited as authority (rule) City of Chicago v. Pooh Bah Enterprises, Inc. (4×)
Ill. · 2007 · confidence medium
The United States Supreme Court has therefore recognized that “ ‘perfect clarity and precise guidance have never been required even of regulations that restrict expressive activity. ’ ” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006), quoting Ward v. Rock Against Racism, 491 U.S. 781, 794 , 105 L.
discussed Cited as authority (rule) Chicago v. Pooh Bah (2×)
Ill. · 2006 · confidence medium
The United States Supreme Court has therefore recognized that “ ‘perfect clarity and precise guidance have never been required even of regulations that restrict expressive activity.’ ” Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006), quoting Ward v. Rock Against Racism, 491 U.S. 781, 794 , 105 L.
examined Cited as authority (rule) Brandt v. Board of Educ. of City of Chicago (3×) also: Cited "see"
N.D. Ill. · 2006 · confidence medium
“The over-breadth doctrine allows a plaintiff to ask that a law be struck down based not on how it affects the plaintiff but on how it might be applied to third parties not before the court.” Anderson v. Milwaukee County, 433 F.3d 975, 979 (7th Cir.2006); see also Broadrick v. Oklahoma, 413 U.S. 601, 612 , 93 S.Ct. 2908 , 37 L.Ed.2d 830 (1973) (“statute’s very existence may cause others not before the court ,to refrain from constitutionally protected speech or expression”).
discussed Cited "see" Illinois Republican Party v. Pritzker
N.D. Ill. · 2020 · signal: see · confidence high
See Anderson v. Milwaukee Cty., 433 F.3d 975, 980 (7th Cir. 2006) (rejecting the plaintiff’s argument that discretionary enforcement resulted in discrimination against religious literature in part because the plaintiff did not offer evidence that anyone had been able to distribute nonreligious literature under similar circumstances); S. Labor Party v. Oremus, 619 F.2d 683, 691 (7th Cir. 1980) (“An individual must allege facts to show that while others similarly situated have generally not been prosecuted, he has been singled out for prosecution, and that the discriminatory selection of him…
cited Cited "see" United States v. Bruce Jones
7th Cir. · 2016 · signal: see · confidence high
See Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cfe 2006).
cited Cited "see" Higher Society of Indiana, Inc. v. Tippecanoe County
N.D. Ind. · 2016 · signal: see · confidence high
See generally Anderson v. Milwaukee Cnty., 433 F.3d 975, 979-80 (7th Cir. 2006); Ill.
cited Cited "see" Entertainment Software Association v. Rod R. Blagojevich., Governor
7th Cir. · 2006 · signal: see · confidence high
See Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir.2006); Nelson v. La Crosse County Dist.
cited Cited "see" Entertainment Softwa v. Blagojevich, Rod
7th Cir. · 2006 · signal: see · confidence high
See Anderson v. Milwaukee County, 433 F.3d 975, 978 (7th Cir. 2006); Nelson v. La Crosse County Dist.
discussed Cited "see, e.g." Vugo, Inc. v. City of Chicago
N.D. Ill. · 2017 · signal: see also · confidence medium
The City argues that passenger comfort is a substantial interest in the context of speech directed to. a “captive audience.” Lehman v. City of Shaker Heights, 418 U.S. 298, 304 , 94 S.Ct. 2714 , 41 L.Ed.2d 770 (1974) (upholding ban ,on, political advertisement in public transportation); see also Anderson v. Milwaukee County, 433 F.3d 975, 980 (7th Cir. 2006) (upholding regulation prohibiting distribution of literature to “captive audience” riding city buses).
cited Cited "see, e.g." Christian Legal Society v. Walker
7th Cir. · 2006 · signal: see also · confidence medium
Sch., 533 U.S. 98, 106 , 121 S.Ct. 2093 , 150 L.Ed.2d 151 (2001); see also Anderson v. Milwaukee County, 433 F.3d 975, 979 (7th Cir.2006).
discussed Cited "see, e.g." Christian Legal v. Walker, James E. (2×)
7th Cir. · 2006 · signal: see also · confidence medium
Sch., 533 U.S. 98, 106 (2001); see also Anderson v. Milwaukee County, 433 F.3d 975, 979 (7th Cir. 2006).
Retrieving the full opinion text from the archive…
Gail ANDERSON, Plaintiff-Appellant,
v.
MILWAUKEE COUNTY and Milwaukee Transport Services, Inc., Defendants-Appellees
05-1267.
Court of Appeals for the Seventh Circuit.
Jan 11, 2006.
433 F.3d 975
2006 U.S. App. LEXIS 570
2006 WL 47641
Mathew D. Staver (argued), Liberty Counsel, Longwood, FL, for Plaintiff-Appellant., Mary Ellen Poulos (argued), Office of the Corporation Counsel, Mary P. Ninneman (argued), Brian D. Winters, Quarles & Brady, Milwaukee, WI, for DefendantsAppellees.
Flaum, Manion, Evans.
Cited by 51 opinions  |  Published
TERENCE T. EVANS, Circuit Judge.

In this case, filed pursuant to 42 U.S.C. § 1983, Gail Anderson alleges that Milwaukee County and Milwaukee Transport Services, Inc., the operator of the Milwaukee County bus system, violated her First and Fourteenth Amendment rights by their “tariff,” which prohibits the distribution of literature on county buses.

Ms. Anderson, a woman in her mid-fifties, lives in Milwaukee. She doesn’t drive a car and so is a regular customer on Milwaukee’s buses. But she is not, it would appear, your typical bus rider. As anyone who rides buses in urban communities knows, most passengers mind then-own business. Most avoid conversation,[*977] and many even avoid eye-contact, with other passengers. Not Ms. Anderson. She (here, of course, we take her allegations as true) has a “sincerely held religious belief’ and a wish to “share her faith with those sitting next to her on the bus by talking to them and giving them religious literature.” She also wants to give her literature to other passengers who pass by her seat on the bus. It’s unclear just how long, and how often, she has followed her urge to share her views with other riders.

Ms. Anderson’s urge to “share her faith” and the bus company’s tariff collided on July 8, 2003. On that day, she boarded' a bus and took a seat near the front. From there, she attempted to hand out copies of a book, later identified as “The Book of Hope.” The book contains stories from the Bible. In the past, she says she has been allowed to hand out the book on the bus, but this time the driver, Rozell Smith, observed what she was doing and asked her to stop. Despite repeated requests, Ms. Anderson did not stop and, in fact, said, “I will not stop.” At this point, Smith did not know the book contained religious material.

Because Ms. Anderson refused to stop handing out copies of her book, Smith called the transit system dispatch office. He spoke to dispatcher Valdis Salmins. The transcript of the call is as follows:

Operator: ... 63 on 63, bus 4442, badge 2637.... OK, I want the company rules on passing out literature on the bus, there. I’m sure we have some kind of regulation, there. Is that possible for people to pass out literature, all different types of literature, over?
Dispatch: That’s a negative. There is no solicitation of any kind allowed on our buses. (SO) whether it’s free or for charge or what-ever.... Nothing is to be given out on the buses.
Operator: Well, that’s affirmative on that. I thought that was a rule. I got a lady on here who’s passing out books on the bus, annoying the passengers, and I told her that she couldn’t do that. She told me I couldn’t stop her from doing that, over.
Dispatch: Ok, I’ll send the CPOs to intercept you. If she gets off before you’re intercepted, please give us a call back.
Operator: Roger.

Mr. Salmins called system security. The transcript of that call:

CPO: CPO 8, dispatch ... we’re in the downtown area, what do you have?
Dispatch: EB from 107th and Silver Spring, I have vehicle 4442, 63 on 63, badge 2037. Female on board trying to hand out booklets. I don’t know if they’re religious or political, or what, but no solicitation allowed on our buses whatsoever.

Two security officers intercepted the bus, boarded it, approached Ms. Anderson, and asked whether they could talk to her off the bus. At that point, they did not know what she was handing out. After she was off the bus, Ms. Anderson told the officers about “The Book of Hope.” The officers explained to her that the Transit System had a rule against distributing literature on buses. They asked her whether she wanted to board the next bus to continue her trip. Being within six blocks of her home, she decided to walk.

The “rule” discussed by the bus driver and the dispatcher is one of the “Passenger Tariffs,” under which the bus system operates. The tariffs set out fare information and rules regarding passenger conduct. Tariff 116 says “No person furnished transportation under fares named in this tariff shall be permitted to enter or remain in the system’s buses: (a) For purpose of distributing any form of advertising or literature.”

[*978] Based on these facts, the district judge (the Honorable Lynn Adelman) granted the defendants’ motion for summary judgment. Ms. Anderson now appeals, claiming that the tariff is impermissibly vague, overbroad, and unreasonable. She also claims it discriminates against religious literature. We review a summary judgment determination as well as any questions of constitutional law under the de novo standard of review. Weinberg v. City of Chicago, 310 F.3d 1029, 1035 (7th Cir.2002).

We will turn first to Ms. Anderson’s claims that the tariff, on its face, is unconstitutionally vague and over-broad. The tariff is vague, she says, because it is unclear what “distributing” means. She poses several hypothetical examples. For instance, is handing out one book distributing? A bus company witness said no. But, she asks, is handing out one item a day for more than one day considered distribution? How about the businessman who hands a seat mate his business card? Her examples of the outer limits of possible meanings of the word “distributing” fall short of convincing us that the tariff is unconstitutionally vague. Common sense must not be and should not be suspended when judging the constitutionality of a rule or statute.

A law is void for vagueness if it fails to give fair warning of what is prohibited, if it fails to provide explicit standards for the persons responsible for enforcement and thus creates a risk of discriminatory enforcement, and if its lack of clarity chills lawful behavior. Grayned v. City of Rockford, 408 U.S. 104, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972). On the other hand, the Court has said that “perfect clarity and precise guidance have never been required even of regulations that restrict expressive activity.” Ward v. Rock Against Racism, 491 U.S. 781, 794, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). There are, of course, limits to how precise language can be in the context of a law, ordinance, or, for that matter, a bus system tariff. In United States Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 578-79, 93 S.Ct. 2880, 37 L.Ed.2d 796 (1973), the Court remarked that “there are limitations in the English language with respect to being both specific and manageably brief .... ” Looking at the Civil Service Rules interpreting the then-existing version of the Hatch Act, 5 U.S.C. § 7324(a)(2), the Court said the “ordinary person exercising ordinary common sense” knows perfectly well what they mean.

Ms. Anderson’s arguments that the tariff is vague are reminiscent of those in Schultz v. Frisby, 877 F.2d 6, 8 (7th Cir. 1989), which involved abortion opponents who wished to picket the home of an abortion provider. [1] The plaintiffs claimed that an ordinance which outlawed picketing that was “directed at” a particular home was unconstitutionally vague. We set out their concern:

Will it be enough to go ’round and ’round the block? Could the picketers march in front of the five houses on either side of the [providers’]? May they stop for one minute, or two, or five, in front of the ... place before moving along? Surely they can’t evade the law by standing in front of the ... home and occasionally jumping one house on either side. How much longer must the route be?

We rejected these concerns in favor of common sense:

No matter how clear the ordinance seems, a hundred nice questions may follow in its wake. The Constitution[*979] does not require [the town] to answer each of these before it may enforce the law. Incompleteness is a curse of language, as of human imagination. To say that precision is a precondition to enforcement is to say that no ordinance regulating speech may stand — a proposition the Supreme Court has rejected over and again.

Id. In our case, we cannot imagine that the tariff would have a chilling effect, for instance, on a bus-riding businessman who wanted to hand his business card to a seat mate. In short, we do not find the ordinance unconstitutionally vague.

Neither can the tariff be seen as facially overbroad. The overbreadth doctrine allows a plaintiff to ask that a law be struck down based not on how it affects the plaintiff but on how it might be applied to third parties not before the court. Because that is “strong medicine,” the “over-breadth of a statute must not only be real, but substantial as well, judged in relation to the statute’s plainly legitimate sweep.” Broadrick v. Oklahoma, 413 U.S. 601, 614-615, 93 S.Ct. 2908, 37 L.Ed.2d 830 (1973). Again, in Virginia v. Hicks, 539 U.S. 113, 123 S.Ct. 2191, 156 L.Ed.2d 148 (2003), the Court emphasized that to be overbroad, the law’s application to protected speech must be substantial. That simply is not the case here. The tariff is narrowly drawn and applies — as we shall see — in a limited environment. More importantly, Ms. Anderson has not shown that the tariff would significantly affect the rights of individuals not before us in any way differently from the way it affects her. Accordingly, as the Court said in City Council v. Taxpayers for Vincent, 466 U.S. 789, 802, 104 S.Ct. 2118, 80 L.Ed.2d 772 (1984), “It would therefore be inappropriate in this case to entertain an overbreadth challenge to the ordinance.”

Ms. Anderson’s primary contention is that to the extent the tariff prevents her from sitting on the bus and handing out literature, it is unconstitutional as applied to her. We agree that her activities are a form of speech protected under the First Amendment. Further, the bus is a governmentally controlled forum. But, it is well-settled that the government is not required to permit all forms of speech on all of the property it owns. Int’l Soc’y for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 112 S.Ct. 2701, 120 L.Ed.2d 541 (1992). We use “forum analysis” to determine when the government’s interest in limiting the use of its property to its intended purpose outweighs the interests of those wishing to use the property for other purposes, such as First Amendment activities. Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 105 S.Ct. 3439, 87 L.Ed.2d 567 (1985). Under this approach, on property that has traditionally been available for public expression, regulation of speech is subject to the highest scrutiny. Similarly, the government is bound by the same standard in the “designated public forum” — property the government has opened up for limited or unlimited public expressive activity. Finally, there is the “nonpublic forum”; that is, “[p]ublic property which is not by tradition or designation a forum for public communication ....” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983). As Ms. Anderson properly concedes, the interior of a city-operated transit vehicle is a nonpublic forum. See Lehman v. City of Shaker Heights, 418 U.S. 298, 94 S.Ct. 2714, 41 L.Ed.2d 770 (1974).

In a nonpublic forum, the government may restrict speech to a greater extent than in a public or designated public forum. Restrictions must be viewpoint-neutral and reasonable. In other words, restrictions need only pass the test of reasonableness so long as they are not an attempt to stifle a viewpoint based on its[*980] content. Int’l Soc’y for Krishna Consciousness, Inc. v. Lee at 683, 112 S.Ct. 2701. A restriction does not need to be “the most reasonable or the only reasonable limitation”; it does not need to be narrowly tailored; nor does the governmental interest need to be compelling. Cornelius at 808-809, 105 S.Ct. 3439. In fact, simple common sense is sufficient to uphold a regulation under reasonableness review. United States v. Kokinda, 497 U.S. 720, 734, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990). Using this approach, the Court has found reasonable, for instance, a ban on soliciting in an airport terminal, Int’l Soc’y for Krishna Consciousness, Inc. v. Lee, and a restriction on political advertising on public transit. Lehman v. City of Shaker Heights. See also Children of the Rosary v. City of Phoenix, 154 F.3d 972 (9th Cir.1998). In Chicago Acorn v. Metropolitan Pier and Exposition Authority, 150 F.3d 695, 704 (7th Cir.1998), we found that leafleting should not be permitted in places where “pedestrian traffic will be obstructed.” See also Hawkins v. City and County of Denver, 170 F.3d 1281 (10th Cir.1999).

Here, the restriction is clearly reasonable. Bus passengers are a captive audience. While riding on the bus, many passengers have an interest in avoiding unwelcome communications. It is reasonable for the bus company to attempt to ensure their comfort. In Lehman, the Court concluded that a city was entitled to protect unwilling viewers against intrusive advertising on its buses in order to provide rapid, convenient, pleasant, and inexpensive public transportation for them. It is also reasonable to wish to avoid disagreements among passengers which the distribution of literature might inspire. Furthermore, the bus company has an interest in passenger safety. The company expresses concern that a driver could be distracted by literature distribution and that abandoned literature can cause a safety hazard and certainly a littering problem. Given the nature of the forum, a ban on the distribution of literature on buses passes constitutional muster.

Finally, Ms. Anderson also seems to claim that the restriction as applied in this case is, in fact, content-based and therefore unconstitutional. She says there is an “unwritten scheme” by which there are exceptions from the total ban on literature distribution — exceptions which arise out of the discretion bus operators have to choose which people they will ask to stop distributing literature. She says that discretionary enforcement of the tariff results in discrimination against religious literature; therefore, the tariff is subject to strict scrutiny analysis. We see no factual basis for this claim. As we said, at the time the driver asked her to stop passing out her book, he had no idea what it was about. Neither did the security officers who took Ms. Anderson off the bus. Furthermore, Ms. Anderson offers no evidence that anyone has been allowed to distribute nonreligious literature on the bus. Her main support for her claim that enforcement is discriminatory is that the bus company has a rack behind the driver’s seat which holds copies of bus route schedules and monthly newsletters. She says that if the company can provide that literature, she can pass out her book. We reject this contention out of hand. The comparison between passively providing bus riders with schedules and information about the very system on which they are riding cannot be compared to a passenger distributing literature of any kind. Ms. Anderson’s argument on this point rests on thin air.

Ms. Anderson has failed in her attack on the tariff, and accordingly we Affirm the judgment of the district court.

1

. We take the background facts from a Supreme Court decision in the same case—Frisby v. Schultz, 487 U.S. 474, 108 S.Ct 2495, 101 L.Ed.2d 420 (1988).