Christina Wells

Court Documents

Brief of Amici Curiae Scholars of First Amendment Law in Support of Respondent Phelps , Snyder v. Phelps, No. 09-751 (U.S. July 14, 2010) (co-author with Skadden, Arps, Slate, Meagher & Flom, Chicago, Illinois)

Brief of Amicus Curiae Christina Wells in Support of Appellees Shirley Phelps-Roper et al., In Support of Affirmance, Phelps-Roper v. City of Manchester, No. 10-3197 (8th Cir. Feb. 2, 2011)

Brief of Amicus Curiae Christina Wells in Support of Appellee Shirley Phelps-Roper, In Support of Affirmance, Phelps-Roper v. Koster, No. 10-3076 (8th Cir. March 25, 2011)



The First Amendment:  Cases & Theory (Aspen 2008) (with Ron Krotoszynski, Steve Gey, Lyrissa Barnette Lidsky) (with teachers manual and annual updates)


Academic Articles

Contextualizing Disclosure’s Effects – Wikileaks, Transparency and a Response to Professor Fenster, forthcoming Iowa Law Review Bull. (2012)

Lies, Honor & the Government’s Good Name:  Seditious Libel and the Stolen Valor Act, forthcoming 59 UCLA Law Review Disc. 136 (2012)

Preemption and the Regulatory Paradigm in the Roberts Court, 40 Stetson Law Review 793 (2011) (with Will Marcantel & Dave Edwards) (Roberts Court symposium)

Regulating Offensiveness: Snyder v. Phelps, Emotion, and the First Amendment, 1 California Law Review Circ. 71 (2010)

Secrecy and Executive Accountability, 26 Constitutional Commentary 625 (2010), symposium, “Presidential Power in the Obama Administration: Early Reflections

Privacy and Funeral Protests, 87 North Carolina Law Review 151 (2008)

CIA v. Sims: Mosaic Theory & Government Attitude, 58 Administrative Law Review 845 (2006) (cited in 33 Wright & Miller, Federal Practice & Procedure § 8441 (2007) and & 7 West's Federal Administrative Practice § 8407 (2007))

Katrina & the Rhetoric of Federalism, 26 Mississippi College Law Review 127 (2006) (listed as “Recommended Reading” in Green Bag's 2008 Almanac & Reader & reprinted as Chapter 11 in Disaster Law (Dan Farber & Michael Faure eds. 2010))

Fear and Loathing in Constitutional Decision-making, 2005 Wisconsin Law Review 115

Some Reflections on the Symposium:  Judging, The Classical Legal Paradigm, and the Possible Contributions of Science, 70 Missouri Law Review 1309 (2005)

“National Security” Information and the Freedom of Information Act, 56 Administrative Law Review 1195 (2004)

Questioning Deference, 69 Missouri Law Review 903 (2004)

Information Control in Times of Crisis:  The Tools of Repression, 30 Ohio Northern Law Review 451 (2004) (invited paper)

Discussing the First Amendment, 101 Michigan Law Review 1566 (2003) (review)

The Japanese-American Detention Cases and their Relationship to Events in the United States after September 11th, 5 International & Comparative Law Review 91 (2002) (with Joseph Kuhl) (invited paper)

Reinforcing the Myth of the Crazed Rapist:  A Feminist Critique of Recent Sex Offender Legislation, 81 Boston University Law Review 127 (2001) (with Erin E. Motley) (reprinted in 15 Women & the Law, Ch. 9C (West 2001))

Beyond Campaign Finance:  The Implications of Nixon v. Shrink Missouri Government PAC, 66 Missouri Law Review 141 (2001)

Introduction:  The Difficult First Amendment, 66 Missouri Law Review 1 (2001)

Bringing Structure to the Law of Injunctions Against Expression, 51 Case Western Reserve Law Review 1 (2000)

Of Communists and Anti-Abortion Protestors:  The Consequences of Falling Into the Theoretical Abyss, 33 Georgia Law Review 1 (1998)

Hypocrites and Barking Harlots:  The Clinton-Lewinsky Affair and the Attack on Women, 5 William & Mary Journal of Women & the Law 151 (1998)

Reinvigorating Autonomy:  Freedom and Responsibility in the Supreme Court's First Amendment Jurisprudence, 32 Harvard Civil Rights-Civil Liberties Law Review 159 (1997) (excerpted in Vincent Blasi, Ideas of the First Amendment 870 (2005))

Abortion Counseling as Vice Activity:  The Free Speech Implications of Rust v. Sullivan and Planned Parenthood v. Casey, 95 Columbia Law Review 1724 (1995)

Mandatory Student Fees:  First Amendment Concerns and University Discretion, 55 University of Chicago Law Review 363 (1988)


Works In Progress (Updated 3/12)

Government as Supporter, Financier & Regulator of Cultural Institutions (book chapter, “Franco-American Perspectives on Law,” forthcoming 2012)

Foreword – Cyberbullying: Emerging Realities and Legal Challenges, forthcoming Missouri Law Review (2012)

The Promise and Peril of Technology in the First Amendment Context (symposium article, “Free Speech in the Internet Era,” First Amendment Discussion Forum, London, England) (forthcoming 2012)

Regulating Funeral Protests after Snyder v. Phelps (manuscript in progress)

Why We Protect Offensive Speech (manuscript in progress)


Other Publications

Offensive Speech, Psychology and the First Amendment, Monitor on Psychology 24, January 2011 (with Jennifer Robbennolt)

The Trouble with Regulating Messages, New York Times, Room for Debate, October 7, 2010),

Do Funeral Protests Invade Mourners' Privacy?, The Jurist, May 15, 2008,

FISA Fight: The Congressional Battle over Warrantless Surveillance, The Jurist, March 31, 2008,

Secrecy & the USA Patriot Act: Risk Assessment, Privacy, and Accountability, Forward, April 2006 (with Jennifer Robbennolt)

Government Spying: Without Oversight, Abuses are Inevitable, St. Louis Post-Dispatch, February 6, 2006 (editorial)

Don't Take Leap of Faith – Administration's Record Leaves Little to Trust, Columbia Tribune, February 5, 2006 (editorial)

Judges:  They Fight For Your Rights, St. Louis Post-Dispatch, November 29, 2004 (editorial)

Judges Must Have Full Support, Kansas City Star, November 27, 2004 (editorial)

Liberties vs. Security, Philadelphia Inquirer, November 17, 2004 (editorial)

Judicial Deference in Times of Crisis, Monitor on Psychology 56 (April 2004) (with Jennifer Robbennolt)

Congress Should Trim Patriot Act’s Excesses, The Tribune (Mesa, Arizona), November 20, 2002

Lessons from History:  The Supreme Court and Constitutional Jurisprudence in Times of Crisis, St. Louis Lawyer, (Jan. 2002)

Ashcroft Ignores First Amendment, Miami Herald, Jan. 10, 2002 (editorial)

King Ashcroft vs. The First Amendment, K.C. Star., Dec. 22, 2001 (editorial)

The Law of Free Expression in the United States, 9 Casopis Pro Právní Vedu a Praxi 353 (2001) (Journal for Legal Science and Practice, Masaryk University, Brno,Czech Republic)

Gender Discrimination and the United States Constitution, 9 Casopis Pro Právní Vedu a Praxi 153 (2001)