Kurt Cobain Dismissal of Nirvana Lawsuit Misconstrues Important Crime Victim Law
For victims whose child abuse images are constantly being circulated, the trauma from that circulation constantly continues. The violation never ends. Victims should be able to pursue damages for so long as new distributions as occurring, says Paul G. Cassell, professor of law at the S.J. Quinney College of Law and former federal district court judge.
September 13, 2022 at 05:00 AM
4 minute read
Late last week, a federal district court judge dismissed a lawsuit regarding the image of a naked baby's genitals on Nirvana's landmark 1991 "Nevermind" album. The judge concluded that the person whose genitalia were depicted could not sue for damages for the picture's ongoing distribution. This unfortunate ruling misconstrues an important federal law protecting child sex abuse imagery victims and should be reversed on appeal by the U.S. Court of Appeals for the Ninth Circuit.
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