Diddy appeals conviction and says Freak-Offs were amateur porn and protected by 1st Amendment

Sean Diddy Combs could be a free man today, after his lawyers appeared before a federal appeals court and argued that his rants were not a violation of any law…instead, they were kinky porn protected by the U.S. Constitution.

The point is…it’s a strong argument. Diddy was convicted of the Mann Act, which prohibits the transportation of prostitutes across state lines to engage in sexual acts.

Diddy’s lawyers argue that the Mann Act does not apply… “The freak-offs and hotel nights were highly choreographed sexual performances involving the use of costumes, role-playing and stage lighting that were filmed so that Combs and his girlfriends could watch this amateur pornography later. The production and viewing of pornography of this type is protected by the First Amendment and therefore cannot constitutionally be prosecuted.”

Prosecutors call the allegations “baseless,” but the case against Diddy is not a classic Mann Act.

Diddy’s legal team also argues that the 50-month sentence is irrelevant with sentencing guidelines — they say the typical sentence is 15 months. Diddy has served 19 months so far.

Defense says judge reviewed evidence related to the most serious charges – racketeering and sex trafficking – including Diddy was acquitted. In other words, any evidence of force or coercion, according to the defense, was beyond the judge’s reach, and that includes the Cassie video.

The pleadings take place this morning. It is unclear when the court will issue its decision.