A major development has emerged in the ongoing legal battle involving music mogul Sean ‘Diddy’ Combs, as his legal team presents a controversial new argument in an effort to secure his release from prison.

Combs, who is currently serving a 50-month federal prison sentence following his 2025 conviction on prostitution-related charges under the Mann Act, is now appealing both his conviction and sentence.

During recent court proceedings, his attorneys introduced a highly unusual defense, arguing that videos linked to the so-called “freak-off” events—central to the case—should be considered protected expression under the First Amendment, rather than evidence of criminal activity.

According to the defense, the recordings depict consensual, private sexual performances and fall under the category of amateur pornography, which they claim cannot be prosecuted under federal law.

Prosecutors strongly rejected this argument, stating that the case involves the transportation of individuals for prostitution, and that the recordings do not change the nature of the alleged offenses. They also emphasized that the encounters involved hired sex workers and were not protected forms of expression.

The appeal has drawn attention not only because of its controversial legal strategy but also due to questions about the original sentencing. Combs’ legal team argues that the judge improperly considered allegations tied to charges for which he was acquitted—such as sex trafficking and racketeering—when determining his prison term.

An appellate court reviewing the case has reportedly shown mixed reactions, highlighting the legal complexity of the arguments presented.

Combs is currently incarcerated at a federal facility in New Jersey and is scheduled for release in 2028, though a successful appeal could result in a reduced sentence or potential release.

The case continues to unfold, with a final ruling from the appeals court still pending.