The longstanding lawsuit against Nirvana filed by Spencer Elden, who was photographed as the naked baby on the iconic cover the band’s 1991 album Nevermind , has been dismissed by a judge, who determined that the image is “not child pornography.”

According to Billboard , Judge Fernando M. Olguin wrote in a ruling issued on Tuesday, “Neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct. 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 pornography].”

It’s not the first time Judge Olguin has dismissed the lawsuit, as he previously did so in 2022 for the simple reason of violating the statute of limitations. However, that rul

See Full Page