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A federal judge has dismissed a lawsuit filed by Spencer Elden, who appeared as a naked baby on the cover of Nirvana's 1991 album Nevermind.
The case, which accused the band of distributing child pornography, was thrown out for the second time by U.S. District Judge Fernando Olguin. Judge Olguin ruled that no reasonable jury would find the image pornographic, comparing it to a "family photo of a nude child bathing," according to CNN.
Elden, now 34, first filed the lawsuit in 2021, claiming that the album cover's depiction caused him personal harm and constituted sexual exploitation. However, the court noted factors such as the presence of Elden's parents during the photo shoot and his previous embrace of the album's fame as reasons for dismissal. The lawsuit was initially dismissed in 2022 because it was filed after the 10-year limit for civil cases, but the 9th Circuit Court of Appeals reversed that decision in 2023, allowing Elden to refile as reported by the BBC.
The defendants in the case included surviving Nirvana members Dave Grohl and Krist Novoselic, Kurt Cobain's widow Courtney Love, and photographer Kirk Weddle. Nirvana's attorney expressed relief, stating that the court's decision has cleared the band of "false allegations" as noted by KHQ. Elden's legal team plans to appeal the decision, continuing their pursuit of accountability in the entertainment industry.