Re -rejected by a federal judge the lawsuit of Spencer Elden, the man who had accused the band Nirvana for trafficking childish pornographybecause in the cover of the terribly successful album nevermind of 1991his photo had been used when he was four months old and was swimming in a pool.

Judge Fernando Olguin ruled that no reasonable jury would consider the pornographic picture and noted that beyond the baby’s nakedness, there is no evidence to fall under the relevant legislation.

Spencer Elden’s lawyers, who filed the lawsuit in 2021they did not want to comment on the decision. Nirvana’s lawyer He said he was pleased to end an unfounded case and his clients were exempt from the stigma of false accusations. The case included surviving members of the complex, the Dave Groll and Chris Novoselic, Kurt Kobain widow, Cordey Lavas well as the photographer Kerk Wendl. The photo was taken in a swimming pool in California and depicted Elden swimming in a dollar on a hook. The dollar and hook were a collage product, so there was no risk of injuring the child, and there was obviously there was the consensus of the guardians to take the photography.

Today, 34, Elden argued that his depiction has caused permanent personal damage and sexual disorientation. The first lawsuit was rejected in 2022, but in 2023 the Court of Appeal overthrew this decision. The third time, however, Judge Olguin ruled that the image could not be considered childish pornography, comparing it with a “Family Photo of Naked Child Bathroom”