federal judge has again dismissed the child pornography lawsuit filed by the man who as a baby was photographed naked for the cover of Nirvana's 1991 "Nevermind" album. The case against Nirvana was earlier dismissed by a California judge “with leave to amend” in January 2022.A U.S. “The Nevermind cover was created at time when Spencer was a baby and it is impossible for him to age out of this victimisation while his image remains in distribution,” Mabie continued.Įlden has previously filed two different versions of the legal complaint, including in August 2021. Under this logic, any child pornography producer – such as Masha Allen’s original abuser – could simply wait out the clock and then re-distribute abusive material with impunity. “Under this reading of the law, child pornography remedies vaporize once the victim in the contraband image turns 28 years old. Įlden’s lawyer said he “intends to appeal this ruling” in a statement to Rolling Stone on Saturday (3 September).Īttoryney Margaret Mabie said: “This ruling’s interpretation of the statute of limitations on Masha’s Law contravenes over fifteen years of well-settled precedent and the legislature’s intended purpose of the law.
The judge’s eight-page ruling, obtained by Buzzfeed News, also effectively prohibits Elden from filing another lawsuit against Nirvana and other co-defendants, including Kurt Cobain’s widow Courtney Love, former band members Dave Grohl, Krist Novoselic, art director Robert Fisher, and photographer Kirk Weddle.īert H Deixler, who represented the defendants, said his clients were “pleased this meritless case has been brought to a swift conclusion”, in a statement to The New York Times. In his lawsuit, Elden claimed that he was the victim of “child sexual exploitation” and that the iconic cover art was a child sexual abuse image that had been “knowingly produced, possessed and advertised” by the band. Spencer Elden, the man who starred on the cover art of Nirvana’s album Nevermind when he was a baby, has lost his lawsuit against the band.Ī federal judge on Friday (2 September) dismissed the lawsuit filed by Elden in August last year, on the grounds that the 31-year-old had waited too long to claim the band sexually exploited him.
0 kommentar(er)
