In August 2021, Spencer Elden, the (former) baby swimming on the iconic Nevermind album cover from 1991, filed a lawsuit alleging that the photograph is child pornography against Nirvana and organizations connected to the band.

The entire case has ultimately been permanently dropped after some legal back-and-forth, including the lawsuit being dismissed and Elden re-filing with admendments.

On September 2, a U.S. District Judge dismissed the case once and for all, stating that Elden waited too long to pursue his claim. The ruling, as reported by Rolling Stone, stated that Elden’s case can not be re-filed and is now closed.

Do you think the judge made the right decision in dismissing the case?