Nirvana, the legendary grunge-rock band, has indeed prevailed in a lawsuit against them. The plaintiffs alleged that they had circulated child sexual abuse images under the cover art of their 1991 album, Nevermind. At that time, Spencer Elden was 34 years old when he instituted that lawsuit in 2021. He alleges the same for that infamous photo of him as a naked infant, swimming toward a dollar bill on a fish hook, which he argues constitutes sexual exploitation.
Kirk Weddle’s photo of the 1994 US Swimming Trials at the Pasadena Aquatic Center, California. It depicts baby Elden, and this photo has gone down in history as the defining image for the group and their genre-revolutionizing debut album. In Elden’s lawsuit, he has aimed his claim at several different defendants. This features surviving Nirvana members Dave Grohl and Krist Novoselic, Courtney Love, widow of late lead singer Kurt Cobain, and photographer Kirk Weddle.
In a stunningly clear rebuke, U.S. District Judge Fernando Olguin threw out that case—for the second time. And there’s no way a reasonable jury would consider the photo to be pornographic, he continued. In 2022, Judge Olguin threw out Elden’s claims. He dismissed them outright as time-barred and failed to ever consider the merits of the claims raised.
“This comes close to bringing the image within the ambit of the child pornography statute,” – US District Judge Fernando Olguin
Judge Olguin stated that the parallels between our objectionable photo and a “familial portrait of an unclothed child in the bath” were apparent. He reiterated that we have to take into account the situation, the creative artistry of the photograph. The judge made it very clear that, while the image is undeniably still lewd and suggestive, it does not legally fall under the definition of child pornography.
Bert Deixler, attorney for Nirvana, stated that he was pleased with the court’s ruling.
“We are delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations,” – Bert Deixler
Elden has repeatedly accused Nirvana of continuing to personally harm him. He went after Universal Music Group, the band’s label for his likeness being used on the cover. The court was unable to find adequate bases to favor his allegations. Attorneys for Elden did not immediately respond to requests for comment on the new dismissal.