“Not Child Pornography”: Judge Finally Shuts Down Nirvana Baby Case

Content warning: This article discusses allegations of child sexual exploitation.

The long-running lawsuit over Nirvana’s Nevermind album cover looks to finally be over. A US federal judge has once again thrown out Spencer Elden’s case, ruling that the iconic 1991 image of Elden as a naked infant swimming after a dollar bill is “not child pornography”.

Judge Fernando M. Olguin wrote in Tuesday’s ruling that, “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].”

Nirvana – ‘Something In The Way’

This isn’t the first time this lawsuit has been dismissed. In 2022, Olguin tossed it on statute of limitations grounds, but an appeals court later revived the case. Now, with the latest dismissal, Elden’s legal team is still technically allowed to appeal – though the judge’s language leaves little room for doubt about where the court stands.

Olguin also pointed out that Elden, now in his 30’s, has profited from the photo over the years – signing Nevermind memorabilia, recreating the image multiple times, even tattooing the album’s title across his chest.

“Plaintiff has, for many years, embraced and financially benefited from being featured on the album cover,” Olguin noted. “Plaintiff’s actions … are difficult to square with his contentions that the album cover constitutes child pornography.”

Elden first filed suit in 2021, arguing that the Nevermind artwork was exploitative and even suggesting Nirvana had been part of a “sex trafficking enterprise”. That particular claim didn’t stick, but he persisted in seeking damages. Meanwhile, Nirvana’s surviving members and estate representatives repeatedly hit back, highlighting Elden’s history of embracing his “Nirvana Baby” notoriety.

With this latest dismissal, the case seems like it’s finally closed – though after four years of legal back-and-forth, it wouldn’t be shocking if Elden tried to appeal one more time. For now, Nirvana can finally breathe a sigh of relief: thirty-plus years on, the baby in the pool won’t sink the album that defined a generation.

Further Reading

Spencer Elden Is Suing Nirvana A Second Time For Child Pornogrphy

Judge Dismisses Nirvana Baby’s Child Pornography Lawsuit

Nirvana ‘Nevermind’ Baby Updates Child Sexual Exploitation Lawsuit