Diddy’s Attorneys Argue ‘Freak-Offs’ Are Protected Under First Amendment

They made the argument during a recent appeals hearing

Attorneys for Sean “Diddy” Combs argued during a recent appeals hearing that the “Freak-Offs” mentioned in his case were not a crime but amateur photography that the mogul and his girlfriends would later view.

According to TMZ, at the hearing, which took place on April 9, the lawyers said that the Mann Act doesn’t apply and the sex acts that were filmed are protected by the First Amendment.

“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.”

They also said that the 50-month prison sentence handed down to Diddy is longer than the typical 15-month sentence for such a crime. He has been imprisoned for 19 months now.

However, according to CNN, the prosecutors called the defense’s argument “meritless.”

“Combs is entirely differently situated from adult film distributors: He hired and transported commercial sex workers to have sex with his girlfriends for his own sexual gratification, sometimes directly participating in the sex acts,” prosecutors wrote in February when they responded to the defense.

Prosecutors also said that agreeing with Diddy’s legal team would mean “any defendant who transported others to engage in prostitution could escape liability simply by watching or filming the sex.”

Diddy’s attorneys are looking for their client to be released from prison, arguing that his trial judge, US District Judge Arun Subramanian, unjustifiably considered conduct that the jury did not convict him on; specifically, the evidence that links him to the more serious counts of racketeering conspiracy and sex trafficking. They are also requesting that the appeals court acquit Combs of the prostitution-related charges or send the case back for resentencing.

Diddy was sentenced after being found guilty on two counts of transporting individuals to engage in prostitution under the Mann Act and is currently at Fort Dix in New Jersey. If he loses the appeal, the music executive is scheduled to be released from prison on April 15, 2028.

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