Now-Grown 'Nirvana Baby' Gets Some Bad News

Nirvana can officially breathe easy—at least when it comes to their legendary album cover. A federal judge has tossed out a lawsuit from Spencer Elden, the now-adult who was the naked baby at the center of the band's 1991 Nevermind cover, ruling that the image doesn't come close to being child pornography, reports Billboard. Elden, who the Guardian notes is now 34, argued that the famous photo—him as an infant swimming after a dollar bill on a fishhook—was a "lascivious" display that violated federal law, per Billboard.

But Judge Fernando M. Olguin disagreed, writing that "neither the pose, focal point, setting, nor overall context suggest the album cover features sexually explicit conduct." He compared the image to a family photo and said it's far from what the law defines as illegal. Nirvana's legal team was predictably pleased, calling the case "meritless."

The lawsuit was revived in 2023 by an appeals court after initially being dismissed because Elden missed the 10-year statute of limitations on filing a civil case, per the BBC. This latest ruling goes deeper, however, with the judge noting that Elden has openly embraced his mini-rock-icon status over the years. Among other things, he's re-created the pose, autographed memorabilia, and even dubbed himself the "Nirvana baby"—moves the judge found hard to reconcile with claims of lifelong harm.