US requirements for "journalist" visa

An interesting thread on Joi Ito's blog discusses whether "US visa requirements for journalists cover bloggers?"  The issue is whether someone who intends to blog while in the US needs to get a journalist visa.  I agree with where the thread resolves-- that visas are about controlling work, so the correct question is whether you intend to "work as a journalist" not whether you "are a journalist." (this goal is protectionist i.e. to protect US journalism jobs from being taken by foreigners).  But it demonstrates another place in our law where a privilege or duty is imposed based on status rather than function.  This has always been a problem freelancers have had to contend with.  As I argued in an amicus brief signed by bloggers and free speech organizations in the Apple Blogger case, journalism should be defined by a functional test- whether the intent is to collect information for distribution to the public.  Not defined based on association with a journalistic organization.