Yesterday, Dan posted a commenting policy for Concurring Opinions. Such things frequently bring forth muttered imprecations of speech control and the demise of the First Amendment. Of course the mutterers understand that Concurring Opinions, despite its obvious power and influence, is not a state actor, but still it seems like a public space. Shouldn’t we encourage the marketplace of ideas to let a thousand flowers bloom (to paraphrase Holmes and Mao)? Well no, not really.