Spencer Elden, who was photographed as the naked baby on the cover of Nirvana ’s 1991 Nevermind album, is not backing down from pursuing legal action against the band. Following a judge’s second dismissal of Elden’s child pornography lawsuit earlier this week, his lawyers have once again filed an appeal.

To recap, Elden, who is now in his 30s, sued Nirvana and other parties for child exploitation back in 2021, claiming the image of him amounted to child pornography, and that his legal guardians never granted consent for the band to use the photo as its album cover. Judge Fernando M. Olguin tossed the lawsuit in 2022 based on the statute of limitations, but it was revived by an appeals court . Earlier this week, Olguin dismissed the suit again , determining that the image is “not

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