Charlene is being tried for burning the American flag in front of the Post Office. The U.S. Attorney files charges against her in which court? Why this court?
The U.S. Attorney would file charges against Charlene in a federal district court. This court is chosen because the incident took place in front of the Post Office, which is a federal government building.
Burning the American flag is generally considered a form of symbolic speech, and falls under First Amendment protection. However, the U.S. Supreme Court has ruled in Texas v. Johnson (1989) and United States v. Eichman (1990) that flag burning is protected under the First Amendment as a form of expressive conduct. Thus, the charges filed against Charlene would likely revolve around any potential violation of federal law related to her actions, rather than the act of flag burning itself.
As the action took place within federal jurisdiction (in front of a federal government building), it is appropriate for the U.S. Attorney to file charges in a federal court.