Sean Combs appeals prison sentence, arguing his "freak-offs" were protected amateur pornography under the First Amendment.
- April 10, 2026
AceShowbiz - Sean Combs, known as Diddy, is currently appealing his prison sentence by arguing that his so-called freak-offs were simply amateur pornography protected under the First Amendment.
On April 9, the United States Court of Appeals reviewed a motion filed by Sean Combs’s legal team seeking his release. According to TMZ, his attorneys maintained that the freak-offs did not violate any laws. They described these events as highly choreographed sexual performances featuring costumes, role play, and staged lighting, all recorded for Sean Combs and his girlfriends to watch later as amateur pornographic material.
The defense emphasized that the production and viewing of such content fall within constitutional protections and therefore cannot be legally prosecuted. This argument challenges the convictions Sean Combs received last July, where he was found guilty on two counts of violating the Mann Act, related to transporting individuals for prostitution purposes.
His lawyers also brought up Cassie’s drug use during the hearing, a topic that was barred from being introduced during the original trial. They argue that Sean Combs was given an excessively harsh sentence; while the typical punishment for these charges is around 15 months, he has already served 19 months behind bars.
Originally, Sean Combs was set to be released on June 4, 2028. However, after receiving 40 days off his sentence in March, his current projected release date is April 25, 2028. The timing for a ruling on this appeal remains uncertain.
XXL has reached out to Sean Combs’s representatives for comment regarding the ongoing appeal and legal arguments presented.