I have to agree here. It is no different then any other distraction, toy or whatever in class. If the teacher is unable to get control over those, there is larger issues in there - either with teacher or with the school not empowering teacher.
It's far worse than that. You take a toy, they're done for the day. Kids have been known to bring iPods, old phones, etc to sacrifice to teachers. Plus, laptops are mandatory to have in my district (though not mandatory to use), so it takes about five seconds to cheat or get distracted in class.