Previously, as shield laws were determined on a state-by-state basis, the answer varied. However, congress is currently working to adopt a federal shield law, which apparently will define a journalist as such:
(iii) obtains the information sought while working as a salaried employee of, or independent contractor for, an entity— (I) that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means; and (II) that— (aa) publishes a newspaper, book, magazine, or other periodical; (bb) operates a radio or television broadcast station, network, cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier; (cc) operates a programming service; or (dd) operates a news agency or wire service;
So by this law, amateur journalists do not count, which is truly unfortunate. Of course, that doesn't exclude amatuer journalists from observing and reporting, it merely excludes them from lawfully being able to not reveal their sources in a court of law.
Read more on this topic here: http://www.niemanlab.org/2009/09/shield-law-definition-of-jo...
How does one decide who is a journalist, and who is not? What makes a something a publication; what makes that publication a newspaper or a news source? Is it like jazz or pornography; you know it when you hear it or see it, but can't really define it?
I can understand wanting some distinction with regards to obstruction of justice, but I also worry that bestowing special protections on select groups is prone to political manipulation.
Do you have to work for a newspaper? As fulltime staff
Does the paper have to be a public company, listed on the NYSE or can you be a journalist for a local free paper?
Perhaps it would be easier to just make FOX the official state broadcaster