Sean “Diddy” Combs is arguing that his conviction for orchestrating interstate prostitution schemes should be overturned on constitutional grounds, citing the First Amendment as protection for his recorded sexual encounters involving male escorts and women, as reported by The New York Post.
The claim was made in a court filing submitted Wednesday as part of Combs’ effort to have his July conviction thrown out.
Combs, 55, was convicted on two counts of violating the federal Mann Act, which prohibits transporting individuals across state lines for prostitution.
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He now faces up to 10 years in federal prison. In the new motion, his legal team asserts that the videos he filmed of so-called “freak-offs” — which reportedly included the use of baby oil and involved escorts — fall under protected speech.
“Mr. Combs’s amateur porn, like many other adult films, was creative, intricate, and highly choreographed,” wrote attorney Alexandra Shapiro in the filing.
Diddy Asks Judge to Overturn Convictions, Arguing ‘Freak-Offs’ Were Just Legal Movie Shoots: The star’s lawyers say he was merely “producing amateur pornography” and that he’s protected by the First Amendment. https://t.co/xIcc7b6tLK pic.twitter.com/Cjwk3DlYpC
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The motion argues that Combs’ recordings contained “expressive content” and therefore fall within the scope of First Amendment protections.
During Combs’ two-month trial, jurors were presented with extensive testimony describing how the music mogul used intimidation and physical abuse to control his partners.
Cassie Ventura, Combs’ ex-girlfriend, told the jury that he threatened to release sex tapes to manipulate and silence her.
“I feared for my career. I feared for my family. It’s just embarrassing. It’s horrible and disgusting. No one should do that to anyone,” Ventura testified.
Another witness, referred to only as “Jane,” told the jury that Combs assaulted her before coercing her into sexual activity with a male escort. “Is this coercion?” she recalled Combs asking before allegedly ordering her to perform sex acts.
Despite the graphic testimony, the jury acquitted Combs of coercion charges after the defense presented sexually suggestive messages the women had sent before and after the encounters.

His attorneys acknowledged the domestic violence but argued that the prosecution had overreached with its sex trafficking and racketeering charges.
“Domestic violence is the issue. We own it,” defense attorney Marc Agnifilo told the jury during trial.
Judge Arun Subramanian has ordered Combs held in a Brooklyn detention facility until his October 3 sentencing. The judge cited Combs’ own admissions of violence against former partners in denying bail.
While trial judges rarely reverse jury verdicts, Combs’ legal team is pressing for a dismissal and is expected to appeal to the 2nd Circuit Court of Appeals following sentencing if the request is denied.
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