In an official appeal, Sean “Diddy” Combs and his lawyers are demanding for his immediate prison release and to vacate his 50-month sentence following his federal transportation of prostitution conviction. Puff and his legal team argue his freak-offs and videos are simply “amateur porn” and that the First Amendment protects it.
On July 2, 2025, a jury convicted Diddy of the charges, and acquitted him of the more serious ones of racketeering conspiracy and sex trafficking. On October 3, 2025, a judge then sentenced the disgraced music mogul to four years and two months in prison. The judge also ordered him to 5 years of supervised release, and to pay a $500,000 fine.
After Diddy’s arrest on September 16, 2024, his team has repeatedly attempted to get him out of custody and vacate his charges, now conviction and 50-month prison sentence.
RELATED: Diddy Transferred To FCI Fort Dix In New Jersey To Serve His 50-Month Prison Sentence
Diddy’s Legal Team Argues Freak-Off Videos Are Just Kinky ‘Amateur Porn’ That The First Amendment Protects
Now, in their latest attempt to free Puff, his legal team is arguing that his freak-offs were not a violation of any law, specifically the Mann Act — which prohibits the transportation of prostitutes (escorts) across state lines to engage in sex acts. Diddy’s lawyers claim his filmed private sex parties were just kinky porn that should be protected under the First Amendment in the U.S. Constitution.
According to TMZ, Diddy’s legal team argues:
“Freak-offs and hotel nights were highly choreographed sexual performances involving the use of costumes, role play, and staged lighting which were filmed so Combs and his girlfriends could watch this amateur pornography later. Pornography production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted.”
Prosecutors have countered, calling their claims “meritless.” Additionally, Diddy’s legal team argues that his 50-month sentence doesn’t fit sentencing guidelines. They argue the typical sentence is 15 months, which Diddy has already served, plus an additional 4, 19 total.
Diddy’s legal team also claims the judge considered evidence related to the more serious charges of which a jury acquitted him: racketeering conspiracy and sex trafficking. They argue that any evidence of force or coercion (including the video of Casandra “Cassie” Ventura) was off limits when the judge considered sentencing.
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