Sean ‘Diddy’ Combs could become a free man again. The media mogul may have only been behind bars a few months, but a legal loophole could mean he is released later today. According to his lawyers, the infamous “freak-offs” held by Diddy actually fall under the First Amendment.
It was previously reported that Diddy’s release from prison would happen sooner than originally expected. But the disgraced rapper could be back on the streets today.
His legal team are due to appeal in federal court today, and their argument could actually set him free. Why? Because they’re claiming the events that occurred at Diddy’s parties constituted porn – and didn’t actually break any laws.
It could be a strong argument, given that porn is protected by the U.S. Constitution. The rapper – who recently made a huge sale despite being behind bars – was charged with transporting prostitutes across state lines for sex. But according to Diddy’s lawyers, those charges aren’t actually relevant.
A statement from Diddy’s defense says: “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. Pornography production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted,”
Diddy was previously acquitted of the more serious charges of racketeering and sex trafficking. Prosecutors say the argument against his conviction is “meritless.” But his lawyers also claim that the sentence he was given – 50 months – is much higher than the typical sentence based on sentencing guidelines, which is around 15 months.
Diddy is currently due for release in 2028, having already served 19 months.