Diddy could be a free man today, after his lawyers argue his freak offs were not a violation of any law.

His lawyers are appearing before a federal appeals court and argue his freak-offs were not a violation of any law, it was kinky p*rn that is protected by the U.S. Constitution.

Diddy was convicted of the Mann Act which prohibits the transportation of prostitutes across state lines to engage in s*x acts.

Diddy’s lawyers claim the Mann Act doesn’t apply “Freak-offs and hotel nights were highly choreographed s*xual performances involving the use of costumes, role play, and staged lighting which were filmed so Combs and his girlfriends could watch this amateur p*rn*graphy later. P*rn*graphy production and viewing of this sort is protected by the First Amendment and thus cannot constitutionally be prosecuted.”

Prosecutors call the claims “meritless,” but Diddy’s prosecution is not a classic Mann Act.

Diddy’s legal team is also arguing the 50-month sentence is out of line with sentencing guidelines they say the typical sentence is 15 months. Diddy has served 19 months so far.