Joel Davis, 31, has been in custody on remand since his arrest in November for allegedly calling for the "rhetorical rape" of independent Wentworth MP Allegra Spender.
The parliamentarian had condemned the since-disbanded National Socialist Network for holding a police-authorised rally outside the NSW parliament in November.
Davis - a key Sydney ally of the network's leader Thomas Sewell - claims he was using a "philosophical term of art" in the post but prosecutors allege it encouraged hate and abuse towards Ms Spender.
After three unsuccessful attempts at being granted bail, Davis escalated the fight to the NSW Supreme Court on Thursday.
He has been kept in segregation in jail because of his suspected political affiliations and has not been outside since December 24, according to court documents.
The former mouthpiece only showered once every four days because he only leaves his cell when escorted to wash, the court was told.
"Those are unusual conditions in custody that most inmates are not experiencing," Justice Natalie Adams noted.
Davis has not yet entered pleas to charges related to the alleged threats.
Delays in the legal system mean he is likely to spend months - if not another year - in similar conditions if he is not granted bail, his barrister Sebastian De Brennan argued.
Prosecutor Laura Goodwin conceded Davis has experienced hardship over and above what he might have been expected to endure while in custody.
But she argued he should not be released into the community because he might commit serious offences or endanger the safety of individuals or the community.
"The alleged conduct has the capacity to incite others to affect the applicant's desires," Ms Goodwin said.
"Some of the messages contain references to actual desires to beat or to otherwise attack, particularly including to rape certain individuals without the qualifier of 'rhetorical'."
Davis allegedly commented "stupid b**** needs to be beaten" on an article about NSW Liberal leader Kellie Sloane and "must rape" on an article about eSafety Commissioner Julie Inman Grant, the court was told.
The messages might be reviled or seen as extremely unpalatable but their criminality was contested, Mr De Brennan told the court.
A psychologist's report determined that while Davis still holds the controversial views expressed online he has reflected and is on the "precipice of change".
The network was deregistered in January, removing his platform for sharing those views, the court was told.
Given he still held the extreme political views, the major question was which bail conditions would ensure he didn't repeat his behaviour, even if he had shown insight into his past approach, Justice Adams said.
"The central hurdle to overcome in this case is that when someone has rigid views, it's hard to modify one's behaviour overnight," she said.
Justice Adams acknowledged community concern but said strict bail conditions - including that Davis not post or comment publicly on social media - would make it very difficult for him to repeat his alleged conduct.
"I am satisfied there are no unacceptable risks," she said.
Davis will not be able to use an internet capable phone or encrypted device and was barred from going within 100m of Ms Spender or Ms Sloane.
Meanwhile, Sewell faced Melbourne Magistrates Court on Thursday over allegations he behaved offensively in front of the city's Chinese consulate in October 2024.
The 33-year-old, who led the now-disbanded network, plans to make a constitutional argument against his single charge.
12°C