According to popular use. A lot of words, especially in the political or controversial sphere, end up having folk definitions that are open to interpretation. Witness how meaningless labels like "conservative" or "liberal" become when you try to dissect them.
Incorrect popular use doesn't make it correct. This venue if any ought to know the difference.
Tell that to the U.S. Supreme Court, who believe a tomato is a vegetable, not a fruit.
Well, the US Supreme Court (in 1893) believed that the Congress (in 1883) in writing a tariff act was using the words "fruit" and "tomato" as they are commonly used in English, and not as they are strictly used botanically.
In the absence of specific definitions in the law to the contrary that seems a fairly reasonable interpretation of the meaning most likely intended by Congress.
Yup, that's my point :-)
If that definition is so widely open to interpretation that people with opposing views can't even talk to each other about it without misunderstandings, perhaps we shouldn't use that definition. Let's stick to the dictionary definition instead.