Ivan Independent vehemently disliked President John Kerry's foreign policies, and Ivan decided to express his displeasure by burning a U.S. flag in his own front yard. Ivan's flag burning occurred on a very windy day; as a result, some of the hot embers from Ivan's flag were blown by the wind onto next-door neighbor Abe Lincoln's property, burning down Lincoln's custom-built log cabin. Ivan Independent was cited by the local police for violating the local negligent burning statute. The statute states that one negligently burns when "one burns outdoors without regard for weather conditions or the potential damage to others' property that the burning might cause." Ivan was found guilty at trial for violating the negligent burning statute. Ivan plans to appeal his conviction, arguing that he was merely expressing himself through his conduct, and that the statute violates his right to free expression under the First Amendment. How should the appellate court rule on the local negligent burning statute?