Diddy Pushes To Overturn Conviction, Claims Sex Party Videos Are Protected By First Amendment

Sean “Diddy” Combs

Diddy Pushes To Overturn Conviction, Claims Sex Party Videos Are Protected By First Amendment

Sean “Diddy” Combs was back in federal court Thursday as his legal team asked an appeals panel to overturn both his conviction and 50-month prison sentence tied to two Mann Act counts involving transportation to engage in prostitution. The hip-hop mogul’s lawyers argued the punishment was unlawfully inflated by conduct tied to charges a jury already rejected.

At the center of the appeal is Combs’ argument that the sentencing judge improperly weighed the more serious racketeering conspiracy and sex trafficking allegations, despite the jury acquitting him on those counts after last summer’s split verdict. His attorneys went as far as saying the judge acted as a “thirteenth juror,” pointing to what they say was an overly harsh 50-month term for the lesser convictions.

Combs’ team is also pushing a broader constitutional argument, claiming the cross-state travel at issue was tied to the creation of what they described as “typical amateur pornography.” According to the filing, the encounters were choreographed with costumes, lighting and staged effects, and later viewed by Combs and his girlfriends — conduct his lawyers argue falls under First Amendment protection.

Federal prosecutors sharply pushed back, arguing that transporting people across state lines for paid sex is “not inherently expressive” and does not suddenly become protected speech because it was filmed or watched. They also defended the sentence, saying the judge was permitted to consider the violent way Combs carried out the offenses when determining punishment.

The appeal was heard by the Second Circuit U.S. Court of Appeals in Manhattan as Combs continues serving his sentence at Fort Dix in New Jersey. After already receiving credit for roughly 14 months served before trial, his tentative federal release date is currently listed as April 15, 2028.

If the court sides with Combs, the ruling could either reduce his sentence significantly or potentially wipe out the conviction altogether — making this one of the most consequential legal moments in his post-trial fight yet.