"Daniel Chung, a Santa Clara County prosecutor and political opponent of his boss District Attorney Jeff Rosen, lost a Sept. 17, 2025 court ruling in his First Amendment lawsuit alleging he was illegally punished for submitting an op-ed in The Mercury News. A federal judge sided with Rosen's stance that Chung was disciplined for speaking on behalf of the DA's office without authorization; Chung plans to appeal the ruling."
"Judge Araceli Martinez-Olguin, of the Northern District of California, decided earlier this month to dismiss Daniel Chung's First Amendment lawsuit alleging that he was the victim of retaliation for writing a February 2021 editorial submission. The opinion article, published in The Mercury News, argued that criminal-justice reforms had weakened consequences for serious offenders. The heart of the First Amendment disagreement between Chung and Rosen was whether Chung was writing in his personal capacity or as a representative of the district attorney's office."
Judge Araceli Martinez-Olguin dismissed Daniel Chung's First Amendment retaliation lawsuit. The lawsuit alleged punishment for a February 2021 op-ed submission that argued criminal-justice reforms had weakened consequences for serious offenders. The central legal issue was whether Chung wrote in a private capacity or as a representative of the district attorney's office. County lawyers maintained the discipline rested on Chung speaking for the office without authorization rather than on the op-ed's content. The op-ed submission identified Chung as a deputy district attorney, and an arbitrator found a reasonable reader would think he spoke for the office. Chung plans to appeal and run again against District Attorney Jeff Rosen.
Read at www.mercurynews.com
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