Sean Combs Appeals Conviction Arguing 'Freak Offs' Are Protected Under First Amendment

Music mogul Sean "Diddy" Combs’ legal team appeared before a federal appeals court today to argue that his conviction for prostitution-related offenses should be overturned. The appeal centers on the claim that his elaborate sexual gatherings, known as "freak offs," are constitutionally protected under the First Amendment.

Attorneys for Combs, who is currently serving a 50-month sentence in New Jersey, told the Second Circuit U.S. Court of Appeals that the events were essentially "amateur video productions." They argued the footage was intended for private viewing and constitutes a form of expressive activity.

The defense, led by attorney Alexandra Shapiro, maintains that the federal government overreached by prosecuting Combs under the Mann Act. They assert that the "freak offs" were consensual and highly choreographed performances involving role play and staged lighting.

During the hearing, the defense also challenged the length of the sentence imposed last year by U.S. District Judge Arun Subramanian. They argued the judge unfairly considered allegations of sex trafficking and racketeering, charges for which a jury acquitted Combs in July 2025.

Federal prosecutors for the Manhattan U.S. Attorney’s Office dismissed the defense’s First Amendment claims as "meritless." They argued that the conviction was based on the illegal transportation of individuals for prostitution, which is not protected by the right to free speech.

The case comes as the Department of Justice undergoes leadership changes under President Donald Trump. Following the recent removal of Pam Bondi, Acting Attorney General Todd Blanche is now overseeing the department’s ongoing opposition to the mogul's release.

Public reaction to the novel legal strategy has been widespread, with many legal analysts and social media users expressing skepticism. Critics argue that reclassifying the alleged misconduct as "amateur pornography" is a bold attempt to bypass federal sexual exploitation laws.

Combs was not present for the oral arguments today. The three-judge panel is expected to issue a written ruling in the coming months, which will determine if Combs remains in prison until his scheduled 2028 release date.