Nirvana is celebrating a court victory.
Judge Fernando M. Olguin has dismissed a lawsuit filed by Spencer Elden, the man who appeared as a naked baby on the iconic cover of the band’s 1991 album Nevermind.
Keep reading to find out more…
In the lawsuit, Spencer claimed that the photo violated federal child pornography laws, which the judge disagreed with, per Billboard.
“Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct,” the judge wrote.
“This image – an image that is most analogous to a family photo of a nude child bathing – is plainly insufficient to support a finding of [child p-rnography].”
“Nudity must be coupled with other circumstances that make the visual depiction lascivious or sexually provocative,” he added, and also pointed out that the man previously reenacted the photo, sold autographs, and even referred to himself as the “Nirvana baby” at one time.
In the 2021 civil lawsuit, lawyers wrote that “Spencer’s true identity and legal name are forever tied to the commercial sexual exploitation he experienced as a minor.”
In 2022, the judge also dismissed the case because the statute of limitations had already expired. An appeals court overturned that ruling in 2023. Now, it’s dismissed once again, although he could file for an appeal once again.
Find out which hit song Nirvana now regrets.
