The City of Oakland passed an ordinance that prohibited the burning of all substances in residential yards within the city limits on days when a fire hazard warning was in effect. Violation was made a misdemeanor crime with a minimum fine of $500. Harry Haggerty, a political science major, invited student friends to his home in Oakland where, among other backyard activities, he intended to burn an American flag in protest of U.S. involvement in Iraq. If a fire warning were in effect, could Harry be convicted of the misdemeanor offense?