A federal judge for the Central District of California has dismissed a lawsuit alleging that the cover of Nirvana’s 1991 breakthrough album “Nevermind” amounts to child pornography.
However, Judge Fernando M. Olguin said in court documents obtained by TheWrap that the suit is dismissed “with leave to amend” and that the plaintiff, Spencer Elden, has 10 days to try again.
“In accordance with the court’s order we will be filing a Second Amended Complaint very soon,” Elden’s attorney, Robert Lewis, said in a statement Tuesday to TheWrap. “We are confident that we will be allowed to move forward with the case.