German courts are dealing with more and more disputes about improper statements made by students on the internet. The subject matter of these proceedings are the disciplinary measures taken by the school, such as the temporary or permanent expulsion of students, that have been issued as a reaction to statements published on the internet by students in their spare time. However, the disciplinary law of schools can only be applied to acts committed in the students’ leisure time as an exception if everyday school life is disrupted by the act. Here, a range of questions regarding the differentiation arose and neither the literature nor the jurisprudence have developed sufficiently specified criteria so far.
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