Sean Diddy Combs has taken steps to overturn his federal conviction, with his lawyers arguing that the case centres on constitutionally protected expression rather than criminal conduct.

At a hearing before the Second Circuit U.S. Court of Appeals this week, the defence challenged both the guilty verdict and the 50-month custodial sentence handed to the music executive.

The legal team insists that the activities cited in the case involved consenting adults and were recorded, describing them as a form of expressive content that falls within the scope of the First Amendment.

They further argued that the trial process was flawed, claiming the court relied on allegations for which Combs had already been cleared when determining his sentence.

Prosecutors, however, dismissed the defence’s position, maintaining that the movement of individuals across state lines for sexual services remains a criminal offence regardless of whether it was filmed. They cautioned that broadening free speech protections in this context could weaken enforcement against organised prostitution.

The conviction relates to offences under the Mann Act, which prohibits transporting persons for illicit sexual activity.

Although acquitted of more serious allegations such as racketeering and sex trafficking, Combs was found guilty on charges linked to transporting escort workers between states.

The appeal is expected to clarify how far constitutional protections extend in cases involving recorded sexual activity.

Combs is currently serving his sentence and is due for release in 2028, while his legal team pushes for a reversal or reduction of the ruling.