This conclusion follows from the court's understanding that the holding of Falwell is concerned only with propositional speech
that is "about a public figure" or propositional speech
that is "about a matter of public concern.
Consent, on their model, is an attitude toward a proposition, and it is expressed in a propositional speech act.
Once we broaden our attention from propositional speech acts to the larger material, embodied context in which consent occurs (or fails to occur), another crucial feature of consent is thrown into relief: the only context in which informed consent can occur is one that is "home turf" for one party to the transaction (the doctor) and not to the other.
McGinn parts company from orthodox disquotationalists in rejecting the converse entailment, from to < is true>, in order to "leave conceptual room for the idea of a propositional speech
acts that fail of truth and falsity" (95).
However, all who think seriously about religion know very well that sensible propositional speech
about a God who is by those same propositions supposedly omnipotent, omniscient and omnipresent is impossible.