Ben Field is an attorney at the Institute for Justice. He has litigated cases in all of IJ’s pillars, in federal and state courts across the country. Among Ben’s major focuses are First Amendment retaliation cases, which seek to vindicate the rights of Americans who face arbitrary or pretextual actions from executive officials seeking to silence their speech. He has also fought to defend the free speech rights of people to give advice as part of their occupation.
Ben also has a focus on property rights. He has litigated in several states to curtail abusive civil forfeiture practices. And he has litigated against the abuse of eminent domain for private benefit.
Ben has written in newspapers, given interviews, and delivered talks at law schools around the country about his cases and a variety of legal topics, including the First Amendment’s protection for occupational speech, the need to abolish judge-made immunity doctrines that shield government abuse such as qualified immunity, and why state courts should recognize private rights of action for citizens to vindicate their rights under state constitutions.
Before joining IJ, Ben worked for two major national law firms, 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

Tennessee Gag Order
Nashville civil rights attorney Daniel Horwitz was silenced by a gag order, after discussing his cases with the media. Now, he's teamed up with the Institute for Justice to file a federal First Amendment lawsuit…

First Amendment | Occupational Speech
Indiana End-of-Life Guidance
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
Anilao Cert Petition
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
Bailey v. Iles
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 Retaliation
Cities can’t use the police to punish political speech.

Civil Forfeiture | Private Property
Nevada Civil Forfeiture
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 School Choice
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
California End-of-Life Doulas
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
Texas Department of Insurance and Cassie Brown v. Stonewater Roofing, Ltd. Co.
Supreme Court of Texas
Mack v. Williams
Nevada Supreme Court
Ben's News, Articles & Publications
Ben's Letters & Statements
Westfield Sign Code Letter
Westfield, New Jersey