November 22, 2013 03:41 PM UTC

Rep. Bob Gardner Threatens Legislation To Stop "Brosurance"

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• by: Colorado Pols

A truly fascinating clip of video from a hearing today of the Colorado Legislative Health Benefit Exchange Implementation Review Committee. GOP Rep. Bob Gardner of Colorado Springs, who voted against the creation of the exchanges but nonetheless serves on this oversight committee, is apparently very upset about the Got Insurance? ads from a pair of Colorado nonprofits–upset enough, apparently, to plan legislation to "stop" such ads in the future. There's no official relationship between the Connect For Health Colorado insurance exchange and the nonprofit organizations who made those ads, of course, and Sen. Jessie Ulibarri responds to Gardner's comments by noting they are protected by the First Amendment.

That's not convincing to Rep. Gardner, who responds that although he is a "First Amendment purist," one can't "yell fire in a crowded theater," and in the case of commercial advertising, we can "impose some limits." Rep. Gardner apparently believes it's possible to make any promotion of the health insurance exchange, directions to it, or even mention thereof illegal without prior permission.

Gardner reportedly intends to use his "last bill number" (legislators are typically allowed to introduce five bills in a session) to introduce a bill to "stop" the "Brosurance" ads. Now, given some of the ridiculous bills that get introduced every year and go immediately to "kill committee," that's not really surprising. But in our experience, on of the surest ways to give something even wider exposure is to try to ban it.