"A federal judge again threw out a lawsuit by a man who accused grunge rock band Nirvana of distributing child sexual abuse images by using a photograph of him as a naked, swimming baby on the cover of its breakthrough 1991 album Nevermind. US District Judge Fernando Olguin tossed out the lawsuit filed by plaintiff Spencer Elden for a second time after finding that no reasonable jury would consider the picture pornographic."
"Other than the fact that plaintiff was nude on the album cover, nothing comes close to bringing the image within the ambit of the child pornography statute, Olguin said."
"they were delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations."
A federal judge dismissed Spencer Elden's renewed lawsuit alleging that Nirvana distributed child sexual abuse images by using a photograph of him as a naked, swimming infant on the 1991 Nevermind album cover. US District Judge Fernando Olguin ruled that no reasonable jury would deem the image pornographic and stated that mere nudity did not place the photo within the child pornography statute. Elden first sued in 2021, alleging ongoing harm; an earlier dismissal on statute-of-limitations grounds was reversed by the 9th Circuit in 2023. Defendants included surviving band members, Kurt Cobain's widow, the photographer, and Universal Music Group.
Read at www.theguardian.com
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