Art. 5 of the German Constitution provides political freedom of the press, while Art. 20 of the Municipal Code of the State Baden-Württemberg allows the disclosure of general information about important plans and projects of the municipality. Therefore, public authorities may publish printed material only to fulfill their public duties or to engage in permissible public relations.
The official newsletter of the municipality reported on its website information and content about political and social life, which does not fall within its original competencies (for instance notices of other special purpose associations, authorities and public institutions, and in particular local business coverage). In an interview, the mayor pointed out that he welcomes the fact that the city publishes a newspaper with journalistic articles and that he used the municipal journal as a political tool.
The Court also stated that, in the specific case, the municipal newsletter did indeed violate the constitution. The Court held that the newsletter is unlawful and prohibited its free distribution. The Court stated that the official newsletter of a municipality may report on the activities of the local council, the activities of the mayor and the municipal authorities, in so far as these concern the affairs of the community. By evaluating the content of the newsletter, the OLG Stuttgart noted that the limits of legitimate coverage were exceeded, because the newsletter reported not only on projects and plans of the administration, but also on activities and events in the community, for example on the activities of churches, associations, citizens' groups, clubs, sports, and especially local business news.