The U.S. Court of Appeals for the District of Columbia Circuit upheld a ban on TikTok, affirming Congress’ authority to take action against the platform due to national security concerns. The law, set to take effect in January, requires TikTok’s Chinese parent company ByteDance to sell the platform or face a complete ban in the U.S.

A panel of three judges ruled that the ban does not violate First Amendment rights, rejecting TikTok’s arguments that the measure infringes on free speech protections. The court emphasized the threat posed by China’s potential access to U.S. user data through the app.

“The First Amendment exists to protect free speech in the United States,” Judge Douglas Ginsburg wrote. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”

Unless ByteDance divests TikTok by January 19, 2025, the app will be banned, though a presidential extension of 90 days could be granted if significant progress is made toward divestiture. The court acknowledged that millions of TikTok users in the U.S. will need to find alternative platforms but placed the blame on China’s actions rather than the U.S. government.

TikTok had previously sued the federal government, arguing that the ban was an overreach and violated free speech rights. The platform is now considering an appeal to the Supreme Court.

This decision follows years of scrutiny over TikTok’s extensive reach and its potential use as a tool for Chinese influence. Congress passed the ban earlier this year, arguing that the platform posed a hybrid commercial and national security threat.

As the January deadline approaches, ByteDance faces mounting pressure to divest TikTok or risk losing access to its massive American user base. The ruling marks a significant escalation in U.S. efforts to counter perceived threats from foreign adversaries in the tech space.