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
First Amendment | First Amendment Retaliation
Apache County, AZ Retaliation
Fernie Madrid ran for school superintendent in Apache, but he was running against the wife of the County Attorney, Michael Whiting. Whiting used his employees to retaliate against Fernie and bully him out of the…
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, asked the United States Supreme Court to hear their case…
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
T.M. v. University of Maryland Medical System
U.S. Supreme Court
Lowery v. Mills
United States Supreme Court
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
Riverview Retaliation Letter
Riverview, Missouri
Westfield Sign Code Letter
Westfield, New Jersey
Ben's Podcasts
April 23, 2026
Why is it ILLEGAL to Sell This Box?
Candi Mentink and Todd Collard sell personalized caskets to honor the deceased person’s unique life. They can ship these caskets almost anywhere in the world, […]
Listen NowMarch 27, 2026
Short Circuit 421 | What’s Your Favorite Circuit?
With a baker’s dozen of circuits it’s hard to pick a favorite. Or is it? We sit down with three lawyers and scholars to ask […]
Listen Now