The naked baby seen on the cover of Nirvana’s 1991 album Nevermind has failed to convince a judge that the album art is an example of child pornography. The popular Nirvana cover showcases a naked baby swimming towards a one-dollar bill attached to a hook. According to music publication Pitchfork, in 2021, the now adult Spencer Elden filed suit against the grunge rock band, claiming the image of himself allegedly constituted child pornography. The lawsuit was later dismissed; however, in 2023, a federal appeals court overturned the previous ruling. Despite further litigation, Judge Fernando M. Olguin has officially dismissed the case, claiming the image does not classify as pornography. Quoting a previous ruling on the matter, Olguin wrote, “Nudity must be coupled with other circumstances that make the visual depiction lascivious or sexually provocative.” 

“Neither the pose, focal point, setting, nor overall context suggests the album cover features sexually explicit conduct,” he continued. Additionally, the judge referenced Elden’s history of marketing himself as the “Nirvana baby.” According to Pitchfork, Elden has made efforts to recreate the cover image on multiple occasions and even has the album title Nevermind tattooed on his chest. Elden’s father, Rick, and cover art photographer Kirk Weddle were friends at the time, which led to Elden’s participation in the shoot. 

“We are delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations,” the band’s attorney, Bert H. Deixler, told Billboard in response to the ruling. Members of Nirvana have yet to comment.