Were I writing the opinion I'd say the question of "who is a journalist" is never reached since even were the Gizmodo gang entitled to the protection of the California shield law, the acts with which they are charged lie outside the scope of that protection. The special master process is sufficient to moot the same issue as applied to the search warrant.
There's really no need to make any sweeping definition of a journalist to resolve this case, which I think is a good thing for those of us who don't like to see reporters locked up for refusing to identify confidential sources. These Einsteins at Gizmodo are not the ones you want standing up there speaking on behalf of the next generation of Woodsteins.
