No, only published works may be quoted. However, in individual cases, the justification of the protection of legitimate interests may exist so that the quotation of unpublished works can also be justified. For example, public interest in a dispute with historical facts is ranked more highly than the interest of the author not to publish his work. (c.f. BVerfG, decision dated 17.12.1999 – 1 BvR 1611/99 in ZUM 2000, 316 in this regard).
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