Spencer Elden, who was photographed as a baby and put on the cover of the 1991 album, has attempted to sue the band twice, claiming it constituted child sexual abuse
A federal judge again threw out a lawsuit by a man who accused grunge rock band Nirvana of distributing child sexual abuse images by using a photograph of him as a naked, swimming baby on the cover of its breakthrough 1991 album Nevermind.
US District Judge Fernando Olguin tossed out the lawsuit filed by plaintiff Spencer Elden for a second time after finding that no reasonable jury would consider the picture pornographic.
“Other than the fact that plaintiff was nude on the album cover,” nothing “comes close to bringing the image within the ambit of the child pornography statute,” Olguin said.
Attorneys for Elden did not immediately respond to a request for comment on Wednesday. Nirvana’s attorney Bert Deixler said they were “delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations.”
