A lawsuit against Nirvana – filed by a man who claimed his depiction as a naked four-month-old baby on their album cover was child pornography – has been dismissed for the second time.

A photo of Spencer Elden swimming towards a dollar bill on a fishhook had appeared on the cover of the rock band’s iconic album Nevermind in 1991.

But Judge Fernando Olguin threw out the case after ruling that no reasonable jury would consider the image pornographic, likening it instead to a “family photo of a nude child bathing”.

“Other than the fact that plaintiff was nude on the album cover, nothing comes close to bringing the image within the ambit of the child pornography statute,” he said.

Elden’s legal team did not immediately respond to requests for comment.

Nirvana’s lawyer Bert Deixler said they were “delighted that the court has ended this meritless case and freed our creative clients of the stigma of false allegations”.

The defendants included surviving Nirvana members Dave Grohl and Krist Novoselic, late lead singer Kurt Cobain’s widow Courtney Love, and photographer Kirk Weddle.

The photo was taken at the Pasadena Aquatic Centre in California.

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Mr Elden first sued the band and its label Universal Music Group in 2021, accusing them of sexually exploiting him through the image and causing ongoing personal harm.

Judge Olguin initially dismissed the case in 2022 on the grounds that Elden’s claims were time barred, without addressing the substance of the allegations. However, the 9th Circuit Court of Appeals reversed that decision in 2023.

In a 2003 Rolling Stone interview when he was 12, Elden acknowledged the photo and said he was “probably gonna get some money from it”.

However, in his August 2021 lawsuit, Elden argued that his injuries – including emotional distress, lost earning potential, and diminished enjoyment of life – extended into adulthood, allowing him to meet the statute of limitations.

The judge dismissed this claim, stating it would effectively allow Elden to sue Nirvana indefinitely.

Nevermind, which features the hit song Smells Like Teen Spirit, has sold over 30 million copies.

Eurovision is supposed to be a celebration of the unifying power of music. But for the past two years, it has attracted protests and fan boycotts over its inclusion of Israel amid the country’s continued military action in Gaza.

Ahead of 2026’s contest, while nobody has even sung a note yet, a number of countries have been getting vocal.

“If Israel is there, we won’t be there,” says Natalija Gorscak, the president of broadcaster RTV Slovenia.

As the world waits to see what happens with the negotiations over Donald Trump‘s Gaza peace plan, within the cultural world, there’s no let up in the increasing isolation of Israel.

Slovenia and broadcasters from Spain, the Netherlands, Ireland, and Iceland have all issued statements saying if Israel’s allowed to enter, they’ll consider boycotting the contest next year.

Jolted into action by the controversy, officials from the European Broadcasting Union (EBU) – which runs the contest – have announced plans for an emergency vote.

In a letter to members, EBU president Delphine Ernotte-Cunci said “given that the union has never faced a divisive situation like this before”, the board agreed it “merited a broader democratic basis for a decision”.

Described by the EBU as “an extraordinary meeting of [its] general assembly to be held online”, early next month member countries will be asked to vote on whether Israel should or shouldn’t participate.

Eurovision expert Dr Paul Jordan said: “Ultimately this has been a really challenging issue for the EBU. This is a really complex picture that is building up… and they’ve not been consistent.

“The situation is made even more complicated by the fact the organisers themselves haven’t sometimes followed their own rules about political entries and about political messaging, and they’ve allowed certain countries to, in a sense, get away with breaking the rules or deeming them to have not broken the rules sufficiently to allow participation.

“As far as I’m aware, the Israeli broadcaster has not broken any rules. However, you could argue their inclusion could indeed bring the contest into disrepute, which would be against the organisers’ rules.”

‘We should focus on music’

In 2023, Israel was represented by Noa Kirel, her country’s equivalent to Britney Spears. She came third with her song Unicorn.

“It was one of the highlights in my career, it was an incredible experience for me,” she said.

While she acknowledges “it’s very different from two years ago when I represented Israel”, she hopes her country won’t be excluded next month.

“It’s not about politics, it’s never been like that, and we should keep it that way, to focus on music.”

She believes it would be unfair to punish the Israeli people for the actions of their government: “Voters understand that politics has no connection to this competition.

“Hopefully people will understand and respect that, see the good side… and not the bad side.”

‘European policy needs more balls’

Regardless of the outcome of next month’s vote, Ireland, Iceland, and Slovenia have all confirmed to Sky News that their plans to boycott will stand as long as Israel’s still at war.

Ms Gorscak said: “We can lie to ourselves and say ‘no, it’s not political’ but, you know, you can’t avoid politics.”

She believes it’s fundamentally wrong for bigger countries to be sitting on the fence.

“We are all somehow prisoner of German guilt towards Israel,” she claimed. “European policy, it needs more balls. In certain moments somebody needs to decide, somebody needs to say ‘this is enough’.”

A spokesperson for German broadcaster SWR has said it “supports the consultation process that has been initiated” and that the goal is “to reach a well-founded and sustainable agreement that aligns with the values of the EBU”.

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Whether Spain abides by the outcome of next month’s vote might have the biggest impact.

If it makes good on its threat to boycott – as one of the big five backers of Eurovision – financially it’ll hurt.

Ms Gorscak explained: “Slovenia is a small country, and while our participation fee is peanuts, if there are more countries who are not participating it is seen in the budget.”

Israel’s public broadcaster, KAN, has said its “potential disqualification… could have wide-ranging implications for the competition and the values for which the EBU stands”.

Dr Jordan said up until now we’ve mostly seen “virtue signalling” when it comes to Eurovision artists speaking out who’ve ultimately opted to perform regardless of their objections to Israel’s inclusion on the night.

However, should entire nations boycott in 2026, he said the impact will be felt way beyond the contest’s final.

“There are two semi-finals, because of the number of participating countries, and if there isn’t a need for two semi-finals that will impact upon the logistics of the event and even the funding,” he explained.

Pop bangers and power ballads aside, the criticism of the EBU has become deafeningly loud. The world waiting and watching for political decisions – and cultural ones too.

The death of journalist and author Hunter S Thompson will be reviewed by Colorado officials at the request of his widow, the state’s bureau of investigation has announced.

Thompson, best known for his 1971 novel Fear And Loathing In Las Vegas, died aged 67 on 20 February 2005.

The original investigation concluded the death was from an allegedly self-inflicted gunshot wound and was suicide.

In a statement on Tuesday, the Colorado Bureau of Investigation (CBI) said Anita Thompson had requested a case review into her husband’s death, and that it is being carried out to provide an independent perspective on the investigation.

While Sheriff Michael Buglione said there is no new evidence suggesting foul play, “we understand the profound impact Hunter S Thompson had on this community and beyond”.

He added: “By bringing in an outside agency for a fresh look, we hope to provide a definitive and transparent review that may offer peace of mind to his family and the public.”

The CBI added its review would take “an unspecified amount of time”.

Born in 1937, Thompson was regarded as a pioneer in the 1960s New Journalism movement, and wrote the 1967 book Hell’s Angels about the notorious motorcycle gang after spending more than a year living and riding with them.

Famous for his first-person narratives, Thompson’s works inspired a style of reporting called Gonzo journalism – a subjective and more personal style of news writing.

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Fear And Loathing In Las Vegas was adapted into a film, starring Johnny Depp – a friend of Thompson’s – and Benicio Del Toro, in 1998.

Sky News has contacted The Gonzo Foundation, a non-profit group founded by Ms Thompson to promote literature, journalism and political activism, for comment.

Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK