Ben Field is an attorney at the Institute for Justice. He litigates cases on free speech, economic liberty, property rights, and educational choice in federal and state courts across the country. Ben’s work has a particular focus on First Amendment retaliation cases and vindicating the rights of Americans who face arbitrary or pretextual actions from executive officials seeking to silence their speech.
Before joining IJ, Ben was a member of the appellate group at Hogan Lovells US LLP, where his practice focused on the U.S. Supreme Court and the federal courts of appeals. Ben clerked for Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit and Judge Kent A. Jordan of the U.S. Court of Appeals for the Third Circuit.
Ben received his law degree from Yale Law School in 2015, and an A.B. in economics from the University of Chicago in 2010.
Ben's Cases
First Amendment | Occupational Speech
Small Business Owner Challenges Indiana’s Unconstitutional Restrictions on Discussing End-of-Life Care
To many, death is a taboo subject. But not to Lauren Richwine, founder of Death Done Differently, a consultant who specializes in helping those with a terminal diagnosis and their families plan for the final…
First Amendment | First Amendment Retaliation | Immunity and Accountability
Group of immigrant nurses ask Supreme Court to hear case against prosecutor who brought bogus claims against them
A group of immigrant nurses whom rogue prosecutors tried to subject to indentured servitude, and their attorney who was criminally charged for providing legal advice, are asking the United States Supreme Court to hear their…
First Amendment | First Amendment Retaliation | Immunity and Accountability
Louisiana Man Arrested for Facebook Joke Seeks to Hold Sheriff’s Deputies Accountable
Waylon Bailey was arrested after making a joke about his local sheriff's office. His First Amendment lawsuit was dismissed after the deputies were granted qualified immunity.
4th Amendment Project | First Amendment | First Amendment Retaliation | Immunity and Accountability | Political Speech | Private Property
East Cleveland’s Government Weaponized its Police to Punish a Political Opponent. He’s Fighting to Hold It Accountable.
Cities can’t use the police to punish political speech.
Civil Forfeiture | Private Property
Highway Robbery in Reno: Nevada Cops Use Civil Forfeiture To Steal a Veteran’s Life Savings
Marine veteran Stephen Lara was left on the side of the highway in Nevada without any money, after police took his life savings without ever charging him with any wrongdoing. Stephen has teamed up with…
Kentucky Families Fight to Defend the State’s Bold New School Choice Program
In March 2021, Kentucky created a school choice program that benefits thousands of low-and-middle-income families throughout the state. Just a few months later, a lawsuit attacked the program. IJ has intervened on behalf of two…
Economic Liberty | First Amendment
State Funeral Bureau opposes resurgence of a meaningful American tradition
Akhila Murphy and Donna Peizer are end of life doulas – they offer families assistance during at-home funerals. They don’t direct funerals, but California has argued they are acting as unlicensed funeral directors. With the…
Ben's Amicus Briefs
Mack v. Williams
Nevada Supreme Court
