An anonymous commenter wrote the following:
Can. 766 Lay persons can be permitted to preach in a church or oratory, if necessity requires it in certain circumstances or it seems advantageous in particular cases, according to the prescripts of the conference of bishops and without prejudice to ⇒ can. 767, §1.
Notice the ⇒ can. 767, §1 at the end of the canon, so let's copy that too:
Can. 767 §1. Among the forms of preaching, the homily, which is part of the liturgy itself and is reserved to a priest or deacon, is preeminent; in the homily the mysteries of faith and the norms of Christian life are to be explained from the sacred text during the course of the liturgical year.
The intelligent among us can easily see that "preaching" permitted to lay persons, while it may occur in a "church or oratory", is preaching which occurs OUTSIDE the Mass. This is made clear in Can. 767 §1 by distinguishing the "homily" from other forms of preaching, noting specifically that the "homily...is part of the liturgy itself and is reserved to a priest or deacon."
The jungle is now trying to convince people that Canon Law 767 is saying that the preaching of lay persons must be OUTSIDE the Mass. Do you see the word "OUTSIDE" anywhere in Canon 767? No. Do you see the phrase "outside of the Mass" anywhere in Canon 767? No. Canon 767 is simply saying that the homily is reserved only to a priest or deacon, and not to a layperson. In other words, Canon 766 clearly says that lay persons are permitted to preach in a church or oratory, and Canon 767 goes on to explain that the kind of preaching must not be a homily because it is reserved only to a priest or deacon. In no way is it saying that the lay person must preach outside the Mass.
Tim Rohr also stated the following:
We have no doubt that the Archbishop is giving these people permission to "preach during the homily" because we have seen the Archbishop himself invite lay people to the pulpit during the time reserved for the homily to give their testimony to the NCW. The question is though: "Does the Archbishop himself have permission to permit this practice?" The answer is "NO".
This is false. The Archbishop of Guam has the authority to permit this practice. Canon Law 765 gives him that authority. According to the following website "Canon Law Made Easy" (the bold is mine):
Note, however, that this prohibition pertains only to the preaching of a homily. There are other kinds of preaching which don’t constitute a homily. In such situations, canon 766 applies. This canon asserts that with regard to non-homiletic preaching, the lay faithful may be allowed to preach in a church, if in certain circumstances it is necessary.
The Instruction quotes canon 766, but rightly notes that the wording of the canon makes clear that the laity have to have permission to do this by competent authority (in this case, the diocesan bishop):
Canon Law Made Easy
The lay person have to have permission to preach in the Church according to that Catholic weblink I cited. So, contrary to Tim's statement, the Archbishop does indeed have the authority to permit this through canon law. Lastly, according to Tim Rohr (the bold is my emphasis):
The new Code of Canon Law was promulgated in 1983. Twenty years later, the Vatican had accumulated a list of abuses long enough to prompt John Paul II in his encyclical Ecclesia de Eucharistia to call upon the Congregation for Divine Worship (CDW), as the USCCB puts it: to develop an instruction explaining the deeper level of liturgical norms in the light of recent abuses of liturgical law throughout the world.
Tim Rohr cited the 1983 code, and is unaware that Canon Law 766 was approved in November 2001.
Furthermore, Tim Rohr took out of context the Redemptoris Sacramentum. Tim only cited RS 66 to make everyone believe that any preaching cannot be done within the Mass, but outside the Mass. To understand RS 66, one needed to look at RS 65 (the bold and underline is mine):
[65.] It should be borne in mind that any previous norm that may have admitted non-ordained faithful to give the homily during the eucharistic celebration is to be considered abrogated by the norm of canon 767 §1.[145] This practice is reprobated, so that it cannot be permitted to attain the force of custom.
[66.] The prohibition of the admission of laypersons to preach within the Mass applies also to seminarians, students of theological disciplines, and those who have assumed the function of those known as “pastoral assistants”; nor is there to be any exception for any other kind of layperson, or group, or community, or association.[146]
See what I placed in bold and underlined in RS 65? As I mentioned previously in this post, Canon Law 767 never had anything to do with preaching outside the Mass (as Tim claimed). It had to do with laypersons preaching the homily which is forbidden. RS 65 makes it clear that the non-ordained faithful is prohibited from giving a homily and in RS 66, this prohibition is extended to seminarians, students of theological disciplines and even to pastoral assistants. So, RS 66 is not saying that lay persons cannot preach within the Mass. It is saying that lay persons cannot preach the homily. Tim Rohr also cites RS 74, which states:
[74.] If the need arises for the gathered faithful to be given instruction or testimony by a layperson in a Church concerning the Christian life, it is altogether preferable that this be done outside Mass. Nevertheless, for serious reasons it is permissible that this type of instruction or testimony be given after the Priest has proclaimed the Prayer after Communion. This should not become a regular practice, however. Furthermore, these instructions and testimony should not be of such a nature that they could be confused with the homily,[156] nor is it permissible to dispense with the homily on their account.
This is the reason why the permission of the Diocesan Bishop is needed for a lay person to preach within the Church or oratory. Canon Law 766 says the layperson can preach in the Church and oratory as long as they have the permission of the Bishop while Canon Law 767 reminds everyone that the homily is reserved only for the priests and deacons. The NCW has the permission of the Archbishop to preach their testimony in the Church, and their testimonies are not homilies.