I saw an amusing news report this week--well,
I found it amusing. A judge ruled that Spencer Elden who was famously
photographed swimming naked in 1991 at the age of four months, was not
the victim of child pornography. The photo, of course, was used as the
cover of Nirvana's breakthrough album, Nevermind. When I first
heard of the lawsuit, I had to laugh. I had once read that Elden used
to (try to) pick up girls by saying things like, "Do you want to see my
penis... again?" (I never found out how successful he was with that
line.) He'd clearly enjoyed being the "Nirvana baby." And now he was
suing? Seemed ridiculous to me. While I have no legal background, I'm
pleased to say that a judge agreed with me.
The
original lawsuit, filed in 2021, claimed that Elden's name and image
were "forever tied to the commercial sexual exploitation he experienced
as a minor which has been distributed and sold worldwide". A judge
threw it out because it was filed after the 10-year statute of
limitations for filing a civil suit had expired. Elden appealed after
the album was re-issued to commemorate its 30th anniversary. His
attorneys argued that the re-issue caused a new trauma. The original
judgement was overturned in December of 2023, allowing Elden to
proceed. U.S. District Judge Fernando Olguin, who also dismissed the
original suit, pointed out that Elden's parents were paid for allowing
their child to be photographed by Kirk Weddle (also a co-defendant in
the suit). He said that just because there was nudity in the
photograph, it wasn't sexually provocative in any way. He even made
mention of the fact that Elden had the album's name tattooed across his
chest. Clearly he had enjoyed and profited from the image and the
subsequent publicity it gave him. At one point he was even paid to
re-enact the picture.
Elden
has argued that over the years, his feelings about the whole thing have
changed. As he pointed out, he didn't really have a choice in the
matter. And don't get me wrong, I understand that. We all have parts
of our past that we'd like to forget or put behind us. But at a certain
point--especially if you previously enjoyed that part of your
past--you've just got to move on from it. It's kind of like a breakup.
You had fun in the past, but it's no longer fun. You may not even like
each other anymore. But it's not really lawsuit-worthy.
So,
at the risk of pouring salt into an open wound, this week, I submit the
album that made grunge-rock mainstream and became a staple in tape
decks and CD players throughout the 1990s. Originally released in
September of 1991, please enjoy Nirvana with their landmark album Nevermind.
Until
next week, stay safe, be good to your neighbours, and please remember
that if at first you don't succeed, then skydiving definitely isn't for
you.
Yours in peace, love, and rock 'n' roll!
The Reverend Will the Thrill
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