Yes, the layman. I tried to clarify that in #18.
No, a layman cannot be excommunicated for saying his bishop is guilty of sacrilege. No ecclesiastical penalty can be brought against him whatsoever if
Canon Law cannot be used to penalize anyone who is respectfully exhorting his ecclesiastical superior to act lawfully.
People who did that are canonized saints, e.g. St. Catherine of Siena.