I agree that Malkin shouldn't be suspended for game 3 for his instigation penalty with 20 seconds left of game 2 (Of course I think the instigator rule is stupid to begin with). However, you can't let the guy off scot free - the guy served 20 seconds for an instigation for Chrissake's.
Maybe the rule should be you sit for 5 minutes the following game, or for all instigations you sit for 30 minutes of ice time or the rest of the game, whatever is longer. I don't know what the solution is. But basically the NHL just said you can drop the gloves when the other team is outclassing you and there is no consequences. That makes no sense. Either fighting is in or it is out. Pick one, Bettman, and be consistent about it.