by
Larry
Busacca/Getty
Images)
Sometimes
millions
of
people
buying
a
picture
of
a
naked
baby
is
just
art.
Called
“one
of
the
most
iconic
album
covers
ever”
by
Indie
Underground,
Nirvana’s
second
second
album,
“Nevermind,”
isn’t
actually
all
that
complex.
There’s
a
body
of
water
and
what
looks
like
a
naked
baby
swimming
toward
a
dollar
on
a
fish
hook.
To
many,
the
album
looks
like
a
reminder
of
their
youth
and
when
grunge
killed
glam
metal.
To
Spencer
Elden
—
the
baby
photographed
for
the
album
—
the
album
looked
like
child
pornography.
He
filed
suit
back
in
2021
over
the
photo.
Years
later,
it
looks
like
there
is
some
finality
to
the
question
of
whether
the
album
cover
counts
as
child
porn
or
not.
ABA
Journal
has
coverage:
U.S.
District
Judge
Fernando
Olguin
of
the
Central
District
of
California
ruled
against
Spencer
Elden
and
tossed
the
2021
that
case
he
filed
over
the
picture
taken
when
he
was
4
months
old,
report
the
New
York
Times,
Law360
and
Reuters.
…
Olguin
disagreed
after
examining
several
factors.
They
included
whether
the
focal
point
of
the
depiction
is
on
the
child’s
genitalia,
whether
the
setting
is
sexually
suggestive,
whether
the
child
is
nude,
and
whether
the
depiction
is
intended
to
elicit
a
sexual
response
in
the
viewer.
Of
the
listed
factors,
the
judge
said
that
the
only
one
relevant
to
the
photo
was
that
the
child
was
nude.
I
do
wonder
about
the
focal
point
prong
though
—
would
the
cover
have
been
as
iconic
if
the
baby
was
wearing
a
diaper?
Either
way,
we
finally
have
some
closure
on
the
question.
Naked
Baby
On
Nirvana
Album
Cover
Wasn’t
Child
Porn
Victim,
Federal
Judge
Rule
[ABA
Journal]
Earlier:
Smells
Like…
Child
Pornography?
Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
to
swim, is
interested
in
critical
race
theory,
philosophy,
and
humor,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected]
and
by
tweet
at @WritesForRent.