Judge Dismisses 'Nevermind' Child Pornography Lawsuit

Federal Judge Fernando M. Olguin dismissed for a second time Spencer Elden’s 2021 lawsuit alleging the naked infant image on Nirvana’s 1991 Nevermind cover is child pornography, ruling the photo does not meet legal standards for sexually explicit or lascivious conduct. Elden had sued Nirvana members, Kurt Cobain’s estate, Courtney Love, photographer Kirk Weddle and record labels; a 2022 dismissal on statute-of-limitations grounds was reversed by the 9th Circuit in 2023, allowing the case to proceed. Olguin applied the Dost factors and concluded that the pose, focal point, setting and overall context do not render the image pornographic, likening it to a family snapshot of a nude child bathing. The judge also noted evidence that Elden had profited from and repeatedly reenacted the image — including selling autographs and tattooing “Nevermind” on his chest — undercutting claims of serious damages. Defendants’ attorneys said the ruling ends a meritless case, while Elden’s lawyers indicated they may pursue further appellate review.