Re: Violation of the Interstate Commerce Clause
Well, the Fifth Circuit is one of our more retrograde Federal circuits, so this result isn't surprising. It's also heavily influenced by Texas, since its circuit is Texas, Texas, Texas, parts of Louisiana and Mississippi, and Texas. While the Federal Circuits are not directly under control of the states, that means Texas has an outsized back-room influence on who gets appointed to the Fifth, so if the current judges want to maintain their ideological legacy they'll be inclined to keep Texas happy.
The panel for this decision was composed of a Reagan appointee (Jones), a W appointee (Southwick), and one of Trump's (Oldham). Jones, a sometimes contender for the Supreme Court, is known for favoring the death penalty, guns, date rape, and restrictions on bankruptcy; she's also big on restricting freedom of expression because fuck you. Southwick's main claim to fame was drawing more than the usual amount of public ire prior to his confirmation by the Senate thanks to a rather blatantly homophobic opinion he'd written for a child-custody case. Oldham clerked for Alito and is perhaps best known for writing an amicus brief against DACA; he's a typical 40-something neo-con, as far as I can see.
Not folks who are particularly known for their progressive interpretations of the law.
The argument in the decision looks bogus to me, since it amounts to compelling publication, which is tantamount to compelling expression. It draws on the usual bullshit about "the modern public square", ignoring the fact that the social-media companies are private enterprises and not part of the public sphere at all.
Jones et al make a stab at the constitutional questions in part III of their decision, but it's not a compelling one. And their consideration of S.230 in III.D dodges its (c)(2) "otherwise objectionable" get-out-free clause, which would appear to trump HB 20 or any other state law. They construe (c)(2) extremely narrowly, with no explicit justification for doing so.
I certainly hope another circuit will shortly arrive at a conflicting decision, and that even current SCOTUS will reverse the Fifth on this.
My opinions only; IANAL. (And I have to say in the Fifth's favor that its judges write surprisingly well, for judges. There's a small degree of informality in the style of many of the Fifth's opinions and a tendency to avoid the typical terrible lawyer-speak that tends to pervade court documents.)