NEW YORK—Counsel for disgraced hip hop mogul and rapper Sean "Diddy" Combs said that his 2025 conviction under the Mann Act for prostitution and related crimes are not justified as many of his activities related to the evidence that implicated him are protected by the First Amendment because they constitute consensual amateur pornographic material.
"This case presents an important issue about a respect for jury verdicts and public confidence in our criminal justice system," argued Alexandra Shapiro, counsel for Diddy, during a hearing Thursday at the Manhattan-based U.S. Second Circuit Court of Appeals.
Combs' attorneys requested at the hearing that the rapper be immediately released from Fort Dix Federal Correctional Institution, based in New Jersey. They also asked the panel of three appellate judges to overturn his conviction based on First Amendment grounds.
"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," Combs' lawyers said.
"Pornography production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted."
With his freedom on the line, Diddy via his legal counsel maintains that his actions related to group sex escapades often referred to as "freak-offs" in his inner circle cannot be used to prosecute him on Mann Act charges. The Mann Act is the primary federal law for which the rapper was convicted in court last year. The act prohibits the transportation of people across state boundaries for the purpose of participating in prostitution and other so-called "immoral purposes."
Despite this, the argument from Diddy's counsel was met with skepticism by the prosecution in the case. Assistant U.S. Attorney Christy Slavik of the Southern District of New York argued in filings that, "According to Combs, the District Court should have closed its eyes to how he carried out his Mann Act offenses and abused his victims." Prosecutors alleged in their indictment leading to Combs' seven-week trial last year that he was engaged in a criminal enterprise that "abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his conduct." Combs pleaded not guilty at the time and maintains that all of the accusations levied against him are false.
Speaking to the First Amendement defense of Diddy's sexual activities, adult industry attorney Corey Silverstein told AVN that such claims are a huge mountain to climb.
"I would describe the argument as valid, but Diddy will be fighting an uphill battle barefoot on a hill covered in ice," Silverstein said. "I’ll never say never because I’ve seen crazy shit, but if I were betting on the case, I would pick the government winning this one."
He added, "And now [Diddy's] lawyer is arguing that the parties were recorded for participants to watch later." Silverstein opined that this makes "zero fucking sense" given that such videos getting out would further ruin his reputation as a public figure and celebrity.
Combs is currently serving a 50-month prison sentence derived from two Mann Act convictions.
