Sean ‘Diddy’ Combs’ lawyers appeal his conviction with First Amendment argument

Photo credit: Forbes

NEW YORK — Sean “Diddy” Combs is appealing his conviction and more than four-year prison sentence on prostitution-related charges, with his lawyers arguing that he was unfairly treated at trial and that First Amendment protections should apply.

Combs, 56, is currently serving his sentence in a federal prison in New Jersey and will not attend Thursday’s hearing before a three-judge federal appeals panel. His attorneys are seeking either a reversal of his conviction or a reduced sentence.

In written filings, Combs’ lawyers argued that films showing sexual encounters between his girlfriends and male sex workers constitute “amateur pornography” protected by the First Amendment. They also contended that the trial judge improperly based the sentence on findings that Combs engaged in fraud, coercion, and organized criminal activity. Combs was acquitted of sex trafficking and racketeering charges.

Combs was convicted under the federal Mann Act, which prohibits transporting individuals across state lines for sexual activity. Federal prosecutors countered that his recordings do not constitute protected speech and defended the sentence, warning that accepting Combs’ argument could extend First Amendment protections to commercial sex operations.

Combs’ trial in 2024 included testimony detailing violence, drug use, and sexual performances referred to as “freak-offs” or “hotel nights.” Combs did not testify, and his defense acknowledged potential violence while asserting that prosecutors overstated his actions as federal crimes.

The Federal Bureau of Prisons lists Combs’ scheduled release as April 2028.

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