A neo-Nazi leader claims he was employing a "philosophical term of art" when he allegedly directed supporters to "rhetorically rape" a federal politician.
Joel Davis, 30, was arrested in November after he allegedly sent a menacing message which encouraged hate and abuse towards independent Wentworth MP Allegra Spender.
The National Socialist Network mouthpiece is accused of calling on his supporters to "rhetorically rape" the parliamentarian in a post on an encrypted online platform.
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Police allege the threat came after Spender condemned the group for holding a police-authorised rally outside the NSW parliament on November 8.
But Davis' barrister Sebastian De Brennan argued there is an innocent explanation behind Davis' social media post.
He faced the Downing Centre Local Court today to apply for his client to be released on bail and tendered supporting documents, including a sworn statement.
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"The affidavit annexes some literature that goes some way, in my submission, to explaining that what he said on social media was in fact a philosophical term of art," De Brennan said.
Davis has been in custody for nearly two months and his lawyer argued there is potential urgency to the bail application because of a change in his circumstances, "not least of which is delay".
While the crown prosecutor acknowledged there had been delays, she said a substantial brief of evidence was due to be served on De Brennan today.
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The magistrate noted the court was overloaded with 680 matters and would not be able to deal with Davis' bail application, instead adjourning it to be heard tomorrow.
Davis' bid for conditional liberty comes as the National Socialist Network announced plans to disband this Sunday as a result of new hate speech laws triggered by the Bondi massacre.
Legislation set to be debated in parliament next week would give the government powers to prescribe hate groups that currently fall below terrorist listing thresholds.
The neo-Nazi organisation announced it would dissolve to avoid past and present members being prosecuted for recruiting people to spread racial hatred.
Organisers, supporters and recruiters of listed groups face a maximum of 15 years in prison under the proposed laws while members face seven.
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