Mr Smark argued that while lawyers could distinguish between the two, this did not mean the ordinary person would do the same.
The judge also questioned the One Nation leader's claim she had responded to highlight the Greens senator's hypocrisy in "taking advantage" of the benefits of living in Australia while criticising the Queen.
He noted that Senator Hanson had also been very outspoken when criticising the government's policies.
"Why is it hypocritical of someone else to be critical of aspects of Australia or its history unless it's because they're from somewhere else and they're not actually welcome here?" he asked.
The attack was legitimately raised and regarded political matters, Mr Smark said.
And meanwhile stupid pauline gets to make laws in this country FFS.
Raider