Diddy Lawyers Argue Freak Offs Protected By The Constitution In He Fight For Early Release

Diddy

Diddy’s lawyers argued his conviction should be overturned, claiming his recordings were protected First Amendment expression, not criminal prostitution activity.

Diddy took his fight to federal court on Wednesday morning when his legal team presented arguments before three appellate judges in New York, challenging his conviction and pushing hard for either a complete reversal or a significantly reduced sentence.

The hip-hop mogul sat behind bars at a federal prison in New Jersey while his attorneys made their case, unable to attend the hearing that could reshape the remainder of his sentence.

His defense team argued that his conviction under the Mann Act was fundamentally flawed, claiming that recordings of sexual encounters between his girlfriends and male sex workers constituted protected amateur pornography under the First Amendment rather than criminal prostitution activity.

The legal strategy hinged on reframing what prosecutors called “freak-offs” as expressive conduct worthy of constitutional protection.

His lawyers contended that the trial judge wrongly based his sentencing on conclusions about fraud and coercion that the jury never actually found him guilty of committing.

According to WRAL, prosecutors pushed back hard against this angle, arguing that allowing such a defense would essentially give brothels a free pass if they claimed their staged sexual performances qualified as First Amendment expression.

The stakes couldn’t be higher for the music executive, who was convicted in July 2025 on two counts of transportation to engage in prostitution and sentenced to fifty months in prison last October.

A jury had acquitted him of the more serious charges of sex trafficking and racketeering that could have resulted in a life sentence, but the Mann Act convictions still landed him with over four years behind bars.

His case had been fast-tracked through the appeals process, allowing him to get before the appellate panel relatively quickly.

The trial itself had exposed the private world of one of hip-hop’s most influential figures, with witnesses describing elaborate sexual performances that Diddy allegedly orchestrated and filmed.

His defense team acknowledged his capacity for violence but argued prosecutors were overreaching by criminalizing his personal life and relationships.

The appeal represents his best shot at freedom before his current release date of April 15, 2028.

The Federal Bureau of Prisons has him scheduled for release in roughly two years, but a favorable ruling could change everything.