I do not know why this was downmodded. The last line was somewhat snarky (I like Fox personally), but these are valid questions and form a genuine and important debate in many circles.
I was about to post much the same questions (minus the Fox sentiment).
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.