Ruling finds no “lasciviousness” in the iconic image of a swimming baby.
A federal judge has definitively pulled the plug on the long-running lawsuit against Nirvana over their iconic Nevermind album cover, ruling that the image of a naked baby Spencer Elden swimming after a dollar bill does not constitute child pornography.
Judge Fernando M. Olguin dismissed the case, comparing the photograph to an innocent “family photo of a nude child bathing” and stating it was “plainly insufficient” to meet the legal definition of obscenity.
The judge systematically dismantled Elden’s claims, noting the photo’s context, taken with his parents present by a family friend, and its lack of sexually suggestive qualities.
Furthermore, Olguin highlighted a stark contradiction: Elden had for years “embraced and financially benefitted from” his association with the cover, even tattooing “Nevermind” on his chest.
This ruling, celebrated by the band’s legal team, finally silences a legal challenge that has lingered for years, preserving the legacy of one of rock’s most famous images.
